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Volume 17, Nº 3 (2021)

Articles

ALGORITHM OF MAKING MANAGEMENT DECISIONS IN THE DEVELOPMENT OF ROCKET AND SPACE TECHNOLOGY IN THE FRAMEWORK OF THE STATE DEFENSE ORDER

Zubova L., Petushko A.

Resumo

This article is the first to propose a methodology for making management decisions in the development of rocket and space technology (RKT) within the framework of the State Defense Order (GOZ), which is an improved decision support system (DSS) to combat risky situations and risky combinations of internal and external environment for enterprises of the military-industrial complex (MIC). The uniqueness of this method lies in the fact that it takes into account all stages of the life cycle of the development of rocket and space technology and allows you to assess the risk tolerance of enterprises of the military-industrial complex in conditions of uncertainty of the consequences of risks. The variety of risks of research and development work in the development of the RCT complicates the processes of justifying the initial price of the state budget. The situation is further aggravated by the lack of a single methodology for justifying the initial price of the state budget, depending on the conditions of uncertainty in the development of the RCT. Systematic overestimation of the values of labor intensity indicators for the development of RKT within the framework of the state budget allows increasing the initial price of the state budget at times. In the context of the sanctions policy and the epidemiological situation in the world, the level of uncertainty for the development of rocket and space technology within the framework of the State Defense System is only increasing.
Economic Problems and Legal Practice. 2021;17(3):22-28
pages 22-28 views

RESOURCE POTENTIAL OF THE REGION AS THE MAIN AREA OF DEVELOPMENT OF THE TOURIST AND RECREATION COMPLEX OF THE KABARDINO-BALKARIAN REPUBLIC

Zherukova A., Kulyushina N., Bekaldieva Z., Tutukova M.

Resumo

Tourist activity is one of the promising areas of development of the Russian economy, in connection with which the effective use of the possibilities of tourist and recreational complexes of certain regions and the improvement of their functioning is acquiring particular relevance. The significant demand among tourists of the Kabardino-Balkarian Republic predetermined the scientific interest in assessing the efficiency of using the resource potential of this region. The purpose of this study is to analyze the resource potential of the region as the main direction of the development of the tourist and recreational complex of the Kabardino-Balkarian Republic. On the basis of a theoretical analysis of the concept of «resource potential of the region», the authors highlight the main elements of this economic category, which are essential for the development of the tourist and recreational complex (natural resource, social, material and technical and investment potential). The authors come to the conclusion that despite the relatively small size of the territory of the Kabardino-Balkarian Republic, this region has significant potential for the development of internal and external tourism. Attention is focused on the existing problems of using the resource potential of the region in the context of the development of the tourist and recreational complex of the Kabardino-Balkarian Republic: the economic instability of tourist enterprises in the context of the current crisis, focusing on the development of the natural resource potential of the region, accompanied by ignoring other areas, lack of necessary funding for certain tourist objects. The identified problems negatively affect the development of tourist activities in the territory of the Kabardino-Balkarian Republic, and therefore need to be solved as soon as possible. On the example of the Kabardino-Balkarian Republic, the need for constant close attention to assessing the resource potential of the region in the field of tourism, taking into account the existing problems, is noted, since this approach allows us to develop the most effective models for the development of the tourist and recreational complex of a particular region.
Economic Problems and Legal Practice. 2021;17(3):29-34
pages 29-34 views

TAX DEBT: THE EFFICIENCY OF ITS COLLECTION IN RUSSIA

Moroz V.

Resumo

The article analyzes debts on taxes, fees and other obligatory payments during its administration by tax authorities. A transition to the use by tax authorities of such forms of tax debt reduction as encouraging taxpayers to voluntarily pay taxes, fees, penalties and penalties (in case of non-fulfillment of their duties as a taxpayer, to apply coercive measures), writing off tax debts impossible to collect, making offsets is proposed. on taxes and fees due to existing overpayments from taxpayers.
Economic Problems and Legal Practice. 2021;17(3):35-40
pages 35-40 views

THE FINANCING MECHANISMS GROWTH PROSPECTS OF TECHNOLOGICAL INDUSTRIALIZATION AND DIGITALIZATION OF THE GAS INDUSTRY IN RUSSIA

Nechaev A.

Resumo

One of the relevant tasks for the gas industry is the search for ways to intensify the investment process. The purpose of this article is to study the financing mechanisms of technological industrialization and digitalization of the gas industry in Russia. Conclusions. According to the results of the study, the promising mechanisms of the financial sources of investment in the gas industry are identified, they meet the objectives of accelerating technological industrialization and digitalization. They include: budget financing by the state of large investment and industrial projects, instruments of state support in the form of concessional debt financing based on a special investment contract, agreements on the protection and promotion of capital investments, and also the venture financing. In order to increase the investment attractiveness of projects, it is proposed to legally regulate the issues of hedging - sharing risks from destabilizing factors with the state.
Economic Problems and Legal Practice. 2021;17(3):41-48
pages 41-48 views

DEVELOPMENT OF MODEL OF FORMATION FINANCING SOURCES STRUCTURE FOR M&A TRANSACTIONS BASED ON OPTIMIZATION PROBLEM SOLUTION

Menshikov E.

Resumo

Mergers and acquisitions (M&A) are one of the strategies used for the innovative development of large companies. M&A transactions of domestic companies do not always lead to the desired economic effect, creating strategic advantages and obtaining new opportunities for development. The success of M&A transactions depends on the choice of the optimal structure of funding sources, forms of acquisition and payment methods. The purpose of the study is to develop a model for the formation of an optimal structure of sources of financing for M&A transactions for the purposes of innovative development of the company. The model of formation of the structure of sources of financing of M&A transactions of innovative and active companies is proposed, which allows to determine the structure of sources of financing depending on the accepted restrictions. The model allows you to solve the optimization problem using specific parameters and acceptable areas of their existence. The optimization function can be selected depending on the M&A goals. The author has constructed a system of equations and chosen a method for its solution, as well as solved the problem of optimizing the financing of the transaction while maximizing the net profit of the combined company formed by the results of the M&A transaction in the form of a linear programming problem.
Economic Problems and Legal Practice. 2021;17(3):49-54
pages 49-54 views

METHODOLOGICAL RECOMMENDATIONS FOR ASSESSING THE STATE OF THE PERSONNEL MANAGEMENT SYSTEM IN STATE AUTHORITIES

Beisengaliyev B., Turekulova A., Turgaeva A.

Resumo

Task. The article examines the issue of assessing the personnel management system in government bodies. At the same time, the assessment included a system of indicators for analyzing the personnel management system in executive authorities and an algorithm for assessing the system. The purpose of the article is to develop recommendations for assessing the state of the personnel management system in state authorities. Model. The article examines the stages of hiring civil servants, elements of the personnel management system in government bodies, the work of the competition commission in assessing and making its decision on hiring civil servants. Summary. The formation of recommendations for assessing the state of the personnel management system in state authorities with the development of a system of indicators will allow for high-quality selection of personnel and an adequate assessment of the level of personnel security of the government. Therefore, the implementation of methodological recommendations for assessment is ripe and requires elaboration. The issues of assessing the personnel management system in the executive authorities are not widely studied in full, they require a systematic approach, the development of a methodology for its implementation. The lack of a developed system for assessing the object of study under consideration, the absence of criteria and indicators, an algorithm and regulations for the verification of personnel and the system of personnel security in public authorities reduces the level of management of the process of recruiting high-quality professionals. Practical importance. The article substantiates the process of selecting civil servants. The assessment criteria and the program for assessing the skills of personnel are presented. The presented recommendations can be taken as a basis for assessing the personnel management system of state authorities. Originality. The result of the study of the management system of civil servants led to the development of recommendations to improve the assessment of the management system. Specific assessment indicators and a program are proposed.
Economic Problems and Legal Practice. 2021;17(3):55-60
pages 55-60 views

STRATEGIC AUDIT OF TRANSPORTATION COSTS OF THE ORGANIZATION: METHODOLOGY AND CALCULATION OF EFFECTIVE INDICATOR

Dekanova D., Karabasheva M.

Resumo

Task. Currently, strategic audit is one of the key areas of development of the audit of commercial organizations, the activities included in its procedure act as an indicator of the effectiveness of the accounting policy of the enterprise. The field of strategic audit can find its application, including in relation to one of the largest items of expenses of the organization - transport. Based on this, there is a need to develop an effective methodology for this area of audit, as well as a methodology for calculating transport costs, which includes not only cost (statistical), but also dynamic market indicators. Model. The authors propose a method of strategic audit of transport costs of the organization, based on the calculation of their effective indicator, taking into account such factors as the average industry cost of a unit of transport services on the market, depending on the type of vehicle, the number of kilometers of the route, the change in the cost of transport services. Conclusions. The developed methodology for calculating the cost of transport services within the framework of the strategic audit of transport costs methodology allows us to take into account the key trends in the formation of the cost of these services, real price factors, standard values of fuel costs, as well as to minimize the deviation of the actual cost value from their effective indicator. Practical value. The developed methodology of strategic audit of transport costs allows to establish (or refute) the correctness of accounting for transport costs and their validity, focusing on the standard effective cost of transport costs, calculated individually for a particular enterprise, taking into account its industry characteristics.
Economic Problems and Legal Practice. 2021;17(3):61-64
pages 61-64 views

FORECASTING FINANCIAL MARKETS USING CONVENTIONAL NEURAL NETWORK

Gorodetskaya O., Gobareva Y., Medvedev A.

Resumo

Task. In the modern world, associated in particular with the development of high technologies, new, previously unused tools for analyzing big data are being developed, the use of which has also captured the sphere of financial markets. To predict price movements in financial markets, neural networks have been successfully used, which, unlike other algorithms, are not programmed, but self-learning. In the process of training, a neural network is able to identify complex dependencies between input and output data and, on their basis, predict new data. The article discusses one of the ways to use neural networks to predict financial markets, in particular, the development of a mathematical model for a convolutional neural network used to recognize the state of the financial market and predict future moments of trend reversal. In general, the developed mathematical model and machine learning algorithm for predicting financial market conditions based on a convolutional neural network are working, although they require additional refinement. Improving the accuracy of predictions of the described models is the main direction of further research. Model. Along with the traditional methods of forecasting (fundamental analysis and technical analysis), the article highlights the methods of data mining, the most famous of which is the method using neural networks. Conclusions. The results obtained by the authors indicate a high potential for using this technology. However, the process of training neural networks is quite expensive both in terms of computing resources and time. Note that this study is only one of the steps to building an effective tool for forecasting the stock market. Practical value. The practical importance of the study is to identify the optimal moments of opening a position - buying assets on an uptrend and implementing them on a downtrend, which should be made as close as possible to the moment of the next change in the market position in order to maximize the investor's profit.
Economic Problems and Legal Practice. 2021;17(3):65-72
pages 65-72 views

DYNAMIC OPTIMIZATION OF THE INVESTMENT PORTFOLIO MANAGEMENT TRAJECTORY

Grineva N.

Resumo

The task of control from the position of mathematical tools application is discussed, economic statement and mathematical model of optimization problem are formulated, the sequential realization of the research aim - the mechanism of optimal portfolio management strategy formation - is presented. The results of dynamic optimization of decisions made at each step form the optimum law of the portfolio management. Scientific novelty of the study consists in the fact that the constructed portfolio takes into account the real incompleteness of the initial data on the processes of change in the yields of securities; there is no need to build a set of effective portfolios and indifference curves that characterize the risk appetite of investors; private characteristics are not used as the main criteria that determine the structure of the optimal portfolio of securities.
Economic Problems and Legal Practice. 2021;17(3):73-77
pages 73-77 views

THE INFLUENCE OF AUTOMATED PROCESSES ON THE ASSESSMENT OF THE TAX POTENTIAL OF THE REGIONS OF THE RUSSIAN FEDERATION

Moroz V.

Resumo

The economic development of the region cannot be absolutely stable, since the existing processes affect the spheres of public life in different ways. That is why in modern realities for each region the question arises of maintaining financial stability and budgetary stability. In order to increase tax revenues to the regional budget, as well as to ensure budgetary balance, the regional government needs to have reliable data not only on the current state of socio-economic processes in the region, but also on the predicted values.
Economic Problems and Legal Practice. 2021;17(3):78-84
pages 78-84 views

INVESTMENT RISKS MODELLING IN AGRO-INDUSTRIAL COMPLEX

Shadrin A., Chirkova E.

Resumo

The agricultural industry has traditionally been considered high-risk by lenders and investors because of risk factors such as adverse weather conditions. However, recent research shows that agricultural lending does not differ from lending to other businesses in terms of default risk, using examples from specific countries and lending institutions. In order to refute or confirm these conclusions in the context of the Russian agribusiness, a model was developed to estimate the probability of default for small and medium-sized agricultural enterprises using annual financial statements data for 2015-2019. The model based on logistic regression showed the result of the AUC ROC metric comparable to its values for the models used in practice when assessing credit risk. The obtained result served as a basis for the adoption of the hypothesis of the comparability of default risk between agricultural and other types of business in relation to Russia. The suggestions for further research into the problem of assessing the credit risk of agricultural enterprises were also formulated.
Economic Problems and Legal Practice. 2021;17(3):85-97
pages 85-97 views

SHORT-TERM FINANCIAL TIME SERIES ANALYSIS WITH LONG SHORT-TERM MEMORY NEURAL NETWORKS

Labusov M.

Resumo

The process of creating a long short-term memory neural network for high-frequency financial time series analyzing and forecasting is considered in this article. The purpose of the research is to carry out an instrument for modelling high-frequency financial time series, that could also be used as a decision support tool while trading in the stock market. The research base, presented by 1-minute stock index prices, is compiled in the beginning. Then the main groups of models, applied for analyzing time series as such, are described. Long short-term memory neural networks are highlighted in the group of artificial intelligence models, their advantages over models from other groups are stated. Further a set of rules, necessary for creating a long short-term memory neural network, is listed, the estimation of long short-term memory neural network parameters is carried out on the learning subsample and the test of its modelling quality is made on the testing subsample. In addition, the forecast of future returns signs is made for the horizon of 90 minutes with the estimated neural network. In conclusion, the trading strategy, which is combined of the estimated neural network and the automated trading system, is formulated. This strategy is utilized on returns series, which were not used while learning or testing phases. The analysis of financial results from trading completes the article. The corresponding finding are made. They concern the unequal results of data modelling, inverse relationship between index volatility and its modelling precision on the data from the test subsample, inverse relationship between index volatility and accuracy of forecasting its future values.
Economic Problems and Legal Practice. 2021;17(3):98-107
pages 98-107 views

PERSPECTIVES OF INDIAN WATERWAYS’ DEVELOPMENT AND SEARCH FOR NEW NICHES OF COOPERATION BETWEEN RUSSIA AND INDIA

Grineva A.

Resumo

The article analyzes the current situation with inland cargo transportation in India and its trends. The main focus is made on current projects on the development of cargo shipping and steps taken by the Government of India to increase cargo transportation via inland waterways. There were identified the most promising waterways to launch and develop shipping operations. The material presented in the article reveals the potential for the development of cooperation in the field of inland cargo transportation for Russian companies, incl. possibility for joint projects in dredging, construction of infrastructure, shipbuilding.
Economic Problems and Legal Practice. 2021;17(3):108-117
pages 108-117 views

NNOVATIVE TECHNOLOGIES FOR DISTANCE LEARNING UNDER QUARANTINE RESTRICTIONS

Gorodetskaya O., Gobareva Y., Medvedev A.

Resumo

Task. Currently, there are many educational portals, the main purpose of which is to create a unified space for learning. They are developed using an architecture that includes three layers: a custom layer, a business logic layer, and a database. The article substantiates the optimal options for creating high-performance and secure sites with functionality that allows you to increase the productivity of employees of educational organizations and automate routine processes during remote restrictions. The authors propose the optimal toolkit for organizing and automating the distance activities of educational organizations during a pandemic and providing additional opportunities for attracting an audience and analyzing statistical information about its students and visitors. The results show that the approach presented in the article is feasible, as it provides several key advantages over using existing systems. Model. To create a portal, the authors propose the use of modern development tools based on NodeJS, MongoDB and Varnish and provide a justification for their feasibility and effectiveness. Conclusions. The authors propose a solution that can surpass its competitors in speed and optimization, as well as solve the tasks of organizing and automating the remote activities of educational organizations in the conditions of quarantine restrictions. The solution proposed by the authors has many possibilities for expanding the functionality. Practical value. As a result of the research, the authors propose a methodology for developing educational portals using optimal tools. This toolkit allows you to create a solution that will contribute to the effective management of the portal content. The proposed methodology will increase the productivity of the staff responsible for site support and, as a result, lead to the satisfaction of end users.
Economic Problems and Legal Practice. 2021;17(3):118-125
pages 118-125 views

EVALUATION OF THE EFFICIENCY OF STATE ECONOMIC ENTITIES AS A FACTOR ENSURING THE LEGALITY OF THEIR ACTIVITIES

Enikeev R., Battalova L.

Resumo

Purpose of the study. The article discusses technologies for assessing the effectiveness of state economic entities from the point of view of the possibility and feasibility of their application as legal procedures in assessing the legality of the activities of these organizations. For this purpose, in the process of critical analysis of the normative regulations governing the structure, procedure for calculating and using key performance indicators in the subject area, the key features of the techniques recommended by these documents have been investigated. This made it possible to highlight both the positive and negative aspects of the studied technologies from the point of view of the possibility of their use in judicial and legal practice to maintain the level of legality of state economic entities. Findings. As a result of the study, the author comes to the conclusion that it is highly advisable to apply financial criteria in the process of legal analysis of the degree of compliance of the activities of state-owned companies with legal regulations. At the same time, the absence of strict standards for a whole group of indicators significantly reduces the value of practical application of financial ratios in judicial practice. These circumstances determine the relevance of the development of an aggregated indicator of the quality of the activities of state economic entities, which is a multidimensional integral coefficient of consumer satisfaction, which should be both individuals and legal entities interacting on various occasions with the analyzed organizations.
Economic Problems and Legal Practice. 2021;17(3):126-132
pages 126-132 views

TARGETS AND INTENTIONS OF BUSINESS PARTICIPANTS IN THE SYSTEM OF CIVIL LAW RELATIONS

Zaytseva N.

Resumo

Objectives: to identify the key subjective elements in English law that play a decisive role in creating an obligation, to determine the relationship between the concepts of purpose and intentions, their participation in the qualification of contractual ties. The problem of legal qualification of the goals and intentions of the parties was dealt with by the majority of foreign scientists, whose sphere of scientific interests was the law of obligations. First of all, Evan McKendrick, Cronman, Cheshire, Adams and Brownsword should be noted here. Methods: empirical methods of comparison, descriptions, interpretations as general scientific methods of cognition, dialectical research methods, methods of deduction and induction, private scientific methods were also used: comparative legal, the method of system analysis. Results: an analysis of scientific research and current legislation showed that the assessment of goals and intentions as a key factor determining the content of civil legal relations is typical for common law countries; within the continental system, the «bias» towards the subjective component comes into collision with the concept of formalism. Nevertheless, the application of a formal approach to all legal relations creates a threat of distortion of the real goals of the participants, which does not allow the parties to achieve the desired legal result. Conclusions. The common law system is built to a greater extent on clarifying the real content of the transaction; freedom of contract, interpreted in the broadest sense, allows the parties to choose both the form of fixing their legal relations and their content. Since the oral form of the contract is widespread, the courts have well-established mechanisms and methods for assessing the intentions and goals of the parties, both in terms of the intention to create a legal connection, and in terms of assessing a business goal in the field of tax law, while in all cases the intentions and goals are legal fact that create civil and tax legal relationships. In domestic law, the clarification of the goal is rather due to the negative aspect, when the goals or intentions of the parties, in the opinion of state bodies, contradict the regulations. In other cases, the goal most often does not affect the qualification of legal ties.
Economic Problems and Legal Practice. 2021;17(3):133-140
pages 133-140 views

DEVELOPMENT OF INTERNATIONAL LEGAL REGULATION OF THE LIABILITY OF THE SEA CARRIER

Glinshchikowa T., Vinogradov D.

Resumo

The article deals with the issues of liability of the sea carrier in the event of non-performance or improper performance of obligations under the contract for the international carriage of goods by sea. The relevance of the research topic under consideration is due to the existence of a rather contradictory legal framework in the field of maritime transport of goods due to the multiplicity of legal regimes created by international agreements. The authors of the article consider the provisions of international legislation governing the liability of an international maritime carrier. The analysis of the legal regulation of international maritime transport was carried out on the basis of a comparison of Russian legislation and international agreements in which Russia participates. This approach provided an opportunity to objectively assess the current Russian legislation in the field of merchant shipping, which does not take into account new trends and international standards that have emerged in recent years. The authors of the article convincingly demonstrate the advantage of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea in 2008. before other international agreements concluded in this area and confirm the expediency of its ratification by the Russian Federation. The final results of this study were the conclusions about the need to exclude the article on navigation error from the KTM of the Russian Federation, to include in the list of grounds excluding the carrier's liability, the item on attempts to avoid environmental damage.
Economic Problems and Legal Practice. 2021;17(3):141-145
pages 141-145 views

INVESTMENTS IN THE COAL INDUSTRY-FEATURES AND PROBLEMS OF LEGAL REGULATION

Shpinev Y.

Resumo

This article discusses the development, current situation and medium-term prospects of the Russian coal industry. The issues of the specifics of the industry, investment risks, as well as the legal regulation of investments at the present time are highlighted separately. Based on the current legislation, statistical data and scientific publications on the topic under consideration, the author comes to a number of conclusions regarding the current state, prospects, legal regulation and the appropriate type of investment in the coal industry. The article proves that every year the export component of coal will constantly increase, which is due both to the presence of gas fields on the territory of Russia, and, as a result, cheap gas, and the state's adherence to the basic principles of the «green economy». It is noted that the desire of developed countries to follow the «green economy» can negatively affect both the industry itself (since developed countries plan to reduce the actual use of coal in the economy) and the investment attractiveness of the industry, due to the negative attitude of potential investors to projects related to the coal industry due to the increasing spread of the principles of socially responsible and ESG investment. In the course of the research, the author, in addition to general scientific methods of synthesis and analysis, used such special methods as historical, comparative-legal, formal-legal.
Economic Problems and Legal Practice. 2021;17(3):146-151
pages 146-151 views

SUBSIDIARY LIABILYTY OF GUARANTORS ENTERING INTO SURETY AGREEMENTS ON INVESTMENT PLATFORMS

Reutskiy S.

Resumo

The paper contemplates to the issues of subsidiary liability of guarantors entering into contracts of assignment to the investment platform. The article presents an analysis of Russian legislation on the subject under study, as well as an analysis of local regulatory documents - the rules of investment platforms. The purpose of the study is to analyze the legislation of the Russian Federation regulating the legal relations related to the subsidiary liability of guarantors who conclude a guarantee agreement through the operator of the investment platform. Conclusions obtained in the course of the study. Subsidiary liability is a type of civil liability, the main purpose of which is to restore the property rights of a person violated in the commission of a civil offense. The subsidiary responsibility of the guarantors entering into the contract with the persons investing on the sole proprietor consists in the obligation to be responsible for the non-fulfillment/proper fulfillment of the obligations by the borrower under the loan agreement. The subsidiary liability of the guarantor arises from the moment the borrower refuses to fulfill its obligations on the investment platform or leaves unanswered the investor's claims for repayment of the debt, including in written (electronic) form. If an agreement is concluded on the investment platform, in addition to the guarantee agreement, the pledge agreement between the borrower and the investor, the guarantor has the right to reimburse the investor for the debt from the pledged property and receives the rights of the pledgee. The guarantor has the right to raise objections to the person who demanded repayment of the debt, if he did not receive information about the court session to be held between the debtor and the creditor, and at which the decision was made to repay the debt by the guarantor. The legal regulation of the subsidiary liability of the guarantor entering into the contract on the investment platform is similar to the legal regulation of the subsidiary liability of the guarantor in other situations. The conclusion of a guarantee agreement in the form of a smart contract on the investment platform does not affect the procedure for the performance of obligations by the guarantor.
Economic Problems and Legal Practice. 2021;17(3):152-155
pages 152-155 views

BIDDING IN BANKRUPTCY PROCEEDINGS: PROBLEMS OF OVERSTATING THE INITIAL SALE PRICE AND THE COSTS OF BIDDING

Yulova E.

Resumo

The purpose of the research. The article discusses the ways and consequences of overstating the costs of bidding by collateral creditors in the course of bankruptcy procedures of legal entities and individuals. The article analyzes such problems identified in law enforcement practice as overstatement of the initial sale price of the pledged item by the collateral lender, unjustified involvement of a third-party specialized organization as the auction organizer instead of the arbitration manager, the establishment of remuneration for the auction organizer and the operator of the trading platform depending on the price of the object of sale. The purpose of the research is to analyze the problems associated with the overestimation of the costs of bidding by collateral creditors, and to develop proposals for their solution. Results. Based on the conducted research, the author concludes that in practice, collateral creditors, using the right to determine the initial sale price of the property that is the subject of collateral, often set it in an inflated amount. At the same time, they often attract a friendly person as the organizer of the auction and the operator of the trading platform and disproportionately overestimate the amount of his remuneration, determining it as a percentage of the price of the property being sold. These conditions are significantly worse than the market conditions. Expenses are reimbursed at the expense of the bankruptcy estate in an extraordinary manner. As a result, the first and repeated auctions are held to no avail, the bankruptcy procedure is delayed, the costs of bidding are significantly increased, the bankruptcy estate loses significant funds to the detriment of the property interests of all other creditors, and the general legal principles and principles of bankruptcy law are violated. The author gives recommendations on amendments to the current legislation on bankruptcy, aimed at solving these problems in order to prevent unfair actions of collateral creditors and other persons in determining the procedure and conditions for the sale of the debtor's property, as well as to increase the currently extremely low level of satisfaction of creditors ' claims.
Economic Problems and Legal Practice. 2021;17(3):159-167
pages 159-167 views

PROTECTION OF CONSUMER INTERESTS OF FINANCIAL SERVICES IN THE LEGISLATIVE PRACTICE IN RUSSIAN FEDERATION

Battalova L.

Resumo

Purpose of the study. The article examines the transformation and modern properties of the domestic system for protecting the interests of consumers of financial services in the process of implementing credit relationships between creditors and debtors. From a research position, the key stages of the development of Russian legislation in the field of bankruptcy of individuals have been analyzed, the world practice in the subject area has been studied by the method of comparison in comparison with the domestic method of protecting debtors. Conclusions. As a result of the study, the author comes to the conclusion that the existing mechanism of control over the most risky segments of the Russian financial and credit system is insufficiently effective. First of all, the author identifies such risk segments as the consumer lending market (microfinance organizations) and the collection institute. The high level of risks of the selected entities is due, firstly, to the ease of obtaining microloans, and secondly, to the low level of state control over the activities of illegal creditors; thirdly, the ineffective nature of the system of criminal and administrative responsibility for illegal actions in the field of consumer lending. The listed factors are caused, on the one hand, by the lack of law enforcement experience of state structures in the field of bankruptcy, on the other hand, by the individual characteristics of certain segments of the population who most often use the services of microfinance organizations, including their low educational level in the financial sphere. At the same time, the study allows us to assert that, in general, the country is forming a fairly effective mechanism for the prevention and timely identification of risk factors for illegal and unfair activities of financial institutions, the problems of which should be resolved by tightening state legal regulators, as well as with the help of a properly built system of preventive procedures.
Economic Problems and Legal Practice. 2021;17(3):168-174
pages 168-174 views

FINANCIAL SUPPORT FOR SMALL AND MEDIUM-SIZED ENTERPRISES IN RUSSIA AND THE UNITED STATES (LEGAL ANALYSIS)

Sorokina E.

Resumo

The purpose of the research. This article discusses national strategies and projects to support small and medium-sized businesses in Russia. The activity of state authorities and organizations that provide financial support to small and medium-sized enterprises is studied. Results. In the article have made a comparative analysis of lending programs for small and medium-sized enterprises in Russia and in the United States.
Economic Problems and Legal Practice. 2021;17(3):175-180
pages 175-180 views

DISPUTES ON CONTESTING BANK OPERATIONS IN THE EVENT OF BANK BANKRUPTCY

Funtov D.

Resumo

The purpose of the research. The article analyzes the legal grounds for invalidating a transaction in the event of a bank bankruptcy. Legal proceedings in these cases, as a rule, affect the opposing interests of the participants, thus, each party is obliged to prove its case. The purpose of the article is to conduct a comprehensive theoretical and legal analysis of the doctrine of the institution of invalidity of transactions of an insolvent bank, identify legal problems in law enforcement practice and develop proposals for improving the current legislation. The emphasis is placed on challenging banking operations in the course of bankruptcy proceedings, committed in the normal course of business of the bank, in the context of the debtor's clients: legal entities and individuals. To achieve the goal, the article sets a number of tasks: disclosing the main provisions on the invalidity of transactions in the bankruptcy of a bank, establishing grounds for challenging transactions performed in the normal course of business of the bank and investigating the legal problems of challenging these transactions. Results. As a result of the analysis of judicial practice, problems in law enforcement practice were formulated, conclusions were drawn about the need to make additions to regulatory documents, on the basis of which specific proposals were formulated. So to amend Article 189.40 of the Insolvency Law, supplement Article 61.3 of the Insolvency Law, at the legislative level to approve the official website for publishing and disclosing information about the financial condition of banks as of specific dates, as well as information about the bank's financial difficulties for bona fide depositors bank.
Economic Problems and Legal Practice. 2021;17(3):181-187
pages 181-187 views

IMPOSITION OF SECONDARY LIABILITY ON THE HEIRS OF THE PERSON WHO IS CONTROLLING DEBTOR IN CASE OF INSOLVENCY (BANKRUPTCY)

Sharudilov A.

Resumo

Purpose of the research: The article discusses issues related to the possibility of bringing the heirs of the controlling debtor to subsidiary liability. Various approaches that have developed in judicial practice on the issue under consideration are analyzed. The main conclusions are made about the effectiveness of the legal mechanism on the issue under consideration. The options for improving legislation in this area are proposed. The aim of the study is to establish the possibility and relationship of bringing the persons controlling the debtor and their heirs to subsidiary liability. Results. Judicial practice applies a new approach according to which the heirs of the persons controlling the debtor who were brought to subsidiary liability, if the inheritance is accepted, also inherit the debts of the testator.
Economic Problems and Legal Practice. 2021;17(3):188-192
pages 188-192 views

SOME QUESTIONS OF THE LEGISLATION ON THE CONTRACT SYSTEM IN THE IMPLEMENTATION OF PROCUREMENT AND COMMODITY INTERVENTIONS IN THE GRAIN MARKET

Berdnikova A.

Resumo

The purpose of the research. This article examines the mechanism of conducting public procurement and commodity interventions in the grain market of the Russian Federation. It also considers the legislation on the contractual system in the field of procurement for state and municipal needs and on procurement by certain types of legal entities. The main goals of public procurement and commodity interventions are to support agricultural producers, their level of profitability and to mitigate price volatility in the grain market. Grain interventions can be seen as an extraordinary means of regulating a given competitive market. The presented article analyzes the problems of setting the price level in the course of government interventions. Legal support for setting prices will help to reduce its volatility, budget risks and to ensure a decent level of profitability for domestic agricultural producers.
Economic Problems and Legal Practice. 2021;17(3):193-198
pages 193-198 views

CURRENT RUSSIAN AND FOREIGN MERGERS AND ACQUISITIONS TRENDS IN THE INFORMATION TECHNOLOGY INDUSTRY

Dmitrieva E.

Resumo

The purpose of the study is to identify trends in the domestic and foreign markets of mergers and acquisitions in the IT sector. In the article, the author examines the dynamics and distinctive features of the implementation of mergers and acquisitions in relation to the information technology industry, exploring foreign and domestic experience of mergers and acquisitions in the IT sector, including pandemic-driven M&A transactions. The author notes a slight decrease in the number of transactions during this period, while maintaining the overall dynamics and consolidation of the industry, describes the specifics of the implementation of mergers and acquisitions in the IT industry. Results. As a result of the conducted research, the author finds the following differences in business areas that become objects of M&A in Russia and abroad: in the foreign market, the objects of transactions are companies that produce products that use self-learning artificial intelligence algorithms that allow optimizing business processes, project management and customer service, and in the IT industry, there is a large-scale consolidation of the market for the development of innovative equipment. In Russia, mergers and acquisitions in the information technology sector are still more focused on e-commerce and services. The author highlights the tendency of the founders of modern IT companies to initially focus on creating a short-cycle product and accelerated business sales, which is possible in cases of creating companies using modern corporate governance tools and procedures that can ensure manageability, transparency, and efficiency of business sales.
Economic Problems and Legal Practice. 2021;17(3):199-203
pages 199-203 views

RECEPTION OF POSITIVE EXPERIENCE OF FOREIGN SELF-REGULATORY ORGANIZATIONS IN THE CONSTRUCTION SPHERE

Skogoreva M.

Resumo

The purpose of the research. The article is devoted to the analysis of foreign experience of self-regulation on the example of some Western countries, the possibility of borrowing some concepts and mechanisms used by them in the implementation of activities in order to improve the functioning of self-regulatory organizations in the construction sector in Russia, improve the quality of their activities. The purpose of this article: to analyze the progressive Western experience with the aim of accepting the best practices in Russian legislation and the theory of business law. Results. As a result of the study, the author comes to the conclusion that Russian legislation in the field of self-regulation is subject to change in order to determine the legal capacity of a self-regulatory organization and expand the forms of control of self-regulatory organizations over the activities of their members.
Economic Problems and Legal Practice. 2021;17(3):204-207
pages 204-207 views

ENSURING OF THE COMPETITIVENESS OF THE RUSSIAN EDUCATIONAL SYSTEM WITH REGARD TO THE FOREIGN SYSTEMS

Sukhorukov A.

Resumo

The purpose of the research. The ways of development of the Russian educational system are examined in this article. Attention is paid to the process of digitalization and information of the educational system, as well as, to the experience of the foreign countries in this sphere. The examples of the implementation of the cluster policy in the educational sphere and its advantages are given. Results. Digitalization and informatization of the educational system is a necessity to achieve a high-quality level of the domestic educational process, which will be worthy of competition in the international arena. The creation of technology parks and the implementation of cluster policy can be useful to achieve the goal.
Economic Problems and Legal Practice. 2021;17(3):208-212
pages 208-212 views

SOME PROBLEMS OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF THE LEGISLATION ON BANKS AND BANKING ACTIVITIES

Khikhinashvili L., Karpukhin D.

Resumo

The purpose of the research. The article is devoted to the study and analysis of some problems of administrative responsibility for violations of the legislation on banks and banking activities. This paper analyzes the legal regulation and established judicial practice on the issue of bringing a credit institution to justice for violations of the legislation on banks and banking activities. The study identified the main trends in law enforcement practice related to the consideration of cases on the application of sanctions, which are provided for in Article 15.26 of the Code of Administrative Offenses of the Russian Federation and Art. 74 of the Federal Law «On the Central Bank of the Russian Federation», based on a comprehensive analysis through the prism of materials of judicial practice, including decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and commercial courts. The article proposes changes to the current Russian legislation in order to resolve the existing competition rules in banking legislation. The authors formulated the main proposals and recommendations for overcoming the existing competition of legal prescriptions that have developed in banking legislation. Results. It is concluded that the correct interpretation of the norms of the Code of Administrative Offenses of the Russian Federation and the Federal Law «On the Central Bank of the Russian Federation», which concerns the administrative responsibility of credit institutions for violations of the legislation on banks and banking activities in the current crisis, will allow all credit institutions to protect their legitimate interests in cases of unjustified attempts to impose large fines on them in violation of the procedure for bringing to responsibility.
Economic Problems and Legal Practice. 2021;17(3):213-218
pages 213-218 views

STATE POLICY ON ENSURING FOOD SECURITY IN RUSSIA: POLITICAL AND LEGAL ASPECT (HISTORY AND MODERNITY)

Belkharoev K.

Resumo

The article examines the problems of the state policy of ensuring food security in Russia. It is revealed that food security is not supported by legislative norms of direct action. It is revealed that interruptions in food supplies lead to social explosions and a change in the socio-political system, which was observed in our country in February 1917, and in the 1990s. It is established that the right to full and decent food is crucial and necessary in the implementation of constitutional human rights, this right is recognized and enshrined at the level of the UN, FAO and WFP. It is shown that food security, a key area in the overall system of national security of Russia, directly depends on the state of the agro-industrial complex, supplies the population with high-quality products and agricultural raw materials, ensures the state sovereignty and independence of the country. The factor of food security is life-supporting and most necessary for the population, it is a condition for the sustainable functioning of society. It is recommended to increase production volumes on their own, gradually develop the agro-industrial complex, which will contribute to the development of other sectors of the economy. To issue a legislative act of direct action regulating the food sector.
Economic Problems and Legal Practice. 2021;17(3):219-223
pages 219-223 views

FORMATION OF FACTUAL SYSTEMS IN THE THEORY OF LAW (ON THE EXAMPLE OF CONTRACT LAW)

Tsukanova E.

Resumo

The purpose of the study. The article examines the mechanism of formation of the actual system as a set of actual prerequisites for legal regulation. As an example, a system of contractual law is used, built on the consistent consideration of various characteristics of contracts of certain types and types. The aim of the study is to establish patterns in the process of building a hierarchy of features of social relations in the formation of the actual system. Results. The basis of the actual system used in the process of streamlining the legal norms of individual legal institutions can be based on a set of signs of regulated relations. The system of contractual law is based on such features that characterize the specifics of the actual situation. Its features should be considered as legal facts, ordered in a certain way. The hierarchy of actual characteristics can be characterized as a complex actual system.
Economic Problems and Legal Practice. 2021;17(3):224-227
pages 224-227 views

TO THE QUESTION ABOUT THE STATE BODY AS AN ELEMENT OF THE STRUCTURAL ORGANIZATION OF THE STATE MECHANISM

Shashkarova G.

Resumo

Purpose of the researching. In the article explores semantic nuances, essence, structure, key attributive features, principles of organization and functioning, and other features of the state mechanism, including its basic primary elements - interconnected by relations of subordination and coordination state bodies and state institutions, where performs staffing responsibilities officials (state /government/ civil servants, military personnel). Considered genesis, evolution of bureaucracy in the history of state and law, basic causes of corruption, which often accompanies the activities of representatives of the bureaucracy, and measures to combat it. Conclusions. As a result of analysis, the author, in particular, comes to conclusion, that mechanism of the state reflects the specifics of public administration from the point of view of a certain result, change (or preservation in invariability) of social reality, streamlining of public relations (ensuring law and juridical order, legality, security, guaranteed rights, fundamental freedoms of man and citizen), achieving important national goals and priorities. In the variety of real public and state life and activities of participants of public relations highlight, accurately measure and adequately assess, in fact, the mechanism of the state, cleanse it of «impurities» of other phenomena of state and juridical life sometimes difficult. Nevertheless, the system (structural organization) of the elements of this mechanism, represented mainly by state bodies, provides the state, as the «core» of the political system of society, legality, legitimacy, necessary, but not always sufficient resistance to threats, challenges and dangers, arising in the process of historical development.
Economic Problems and Legal Practice. 2021;17(3):228-233
pages 228-233 views

THE ROLE OF THE STATE IN THE LEGAL REGULATION OF THE DIGITAL ECONOMY

Kanakova A.

Resumo

The purpose of this study is to analyze the digitalization process, the digital economy and the role of the state in the legal regulation of the digital economy. The result of the study is the formulation of a three-level scheme of legal regulation of the digital economy, which will take into account the interests of all interested parties, as well as the technological features of the ongoing processes. It seems that the legal regulation of the digital economy is carried out at the national, international and non-state levels. At the same time, the results of the study carried out include the conclusion that the type of economy existing in the state (market type of economy, mixed type of economy, command-administrative type of economy) affects the role of the state in the legal regulation of the digital economy. Thus, the market type of economy presupposes for the state the role of a «night watchman», which interferes with market mechanisms only as a last resort, that is, when the market was unable to resolve this issue through self-regulation. Consequently, the role of the state in relation to the digital economy within a market economy cannot be fundamentally different from the basic type of economy that exists in the country. The mixed type of economy does not determine the degree of state intervention in economic issues, since each state independently establishes the proportions of the ratio of market and administrative mechanisms. Thus, the role of the state in regulating the digital economy within a mixed type of economy will depend on the real role of the state in economic processes. The Russian Federation did not directly constitutionally fix the type of economy that exists in the state, as a result of which various researchers substantiate the existence in the Russian Federation of either a market economy or a mixed economy, which creates uncertainty about the role of the Russian Federation in regulating the digital economy.
Economic Problems and Legal Practice. 2021;17(3):234-241
pages 234-241 views

TRENDS IN THE FINANCIAL LEGAL RELATION’S DEVELOPMENT IN THE CONTEXT OF CONSTITUTIONAL REFORM

Toria R.

Resumo

The article deals with the trends in the financial legal relations development in the context of constitutional reform. The article outlines the changes that have been made to the Constitution of the Russian Federation since its adoption in 1993. The constitutional and legal role of finance is also noted. Indeed, finance is a universal measure of things. Finance contributes to the implementation of the state's goals and objectives. Finance allows you to record the results of activities in order to determine the advantages and disadvantages. The author focuses on the analysis of the adopted amendments to the Constitution of the Russian Federation. It is noted that the adopted amendments should make the political system of the Russian Federation more coherent, with a more differentiated system of powers between branches and levels of government. The amendments aimed at delegating some powers to the State Duma for the approval of the Government are of no small importance, thereby increasing the role of the legislative branch of government. The article focuses on the changes in the regulation of financial relations in the Constitution of the Russian Federation. At the same time, the author notes that, unfortunately, the Constitution of the Russian Federation in the previous version affects financial relations very little. A comparative analysis of the articles of the Basic Law of the Russian Federation regulating financial relations before and after amendments to the relevant articles of the Constitution of the Russian Federation is carried out.
Economic Problems and Legal Practice. 2021;17(3):242-247
pages 242-247 views

ON THE ISSUE OF STATE SUPERVISION OVER THE ACTIVITIES OF CREDIT INSTITUTIONS AND INSURANCE COMPANIES IN RUSSIA

Davydova M.

Resumo

The topic chosen by the author is determined by the research conducted in connection with the analysis of the banking system and the insurance market in Russia. The content of the article is aimed at a substantive assessment of the current state of the banking and insurance markets in Russia, as well as their place in the financial market. The author identifies the following objectives of the work: first, the emergence of possible prospects for the development of banks and insurance companies, and as a result of the regulatory consolidation of such; secondly, the study of trends in the reduction of credit institutions and insurance companies through the revocation of licenses by the Central Bank of the Russian Federation. The study reveals the current situation of banks and insurance companies in the financial market of the country, describes the legal basis for their functioning and presents proposals for the development of the latter. The article also notes the need to attract the attention of the legislator to monitoring the activities of the banking sector, as well as insurance organizations in real time, since on-line monitoring, in our opinion, will contribute to the effective functioning of financial markets, by preventing the financial destabilization of insurance companies, the use of measures by the regulator to restore their financial stability, as well as increasing the confidence of potential policyholders and, as a result,, attracting additional funds to the Russian economy. The article notes that the revocation of the license is used as a health-improving procedure for the banking system and is applied to credit institutions whose activities are illegal. However, there are also negative aspects of such a sanction in the form of a loss of confidence on the part of possible users of banking services. The author presents possible changes in the legislation that will contribute to the development of banking supervision in a positive way. The presented judicial practice on disputes related to the revocation of the bank's license demonstrates the controversial and problematic nature of the interpretation by credit institutions of the legal norms governing the procedure of the latter's activities. The author sees the relevance of the research topic in the fact that today the Bank of Russia continues to actively revoke licenses from credit institutions, so the obvious question is raised about the reasons and consequences of the application of these sanctions by the megaregulator and how to minimize the risks of their application.
Economic Problems and Legal Practice. 2021;17(3):248-254
pages 248-254 views

NEW OPPORTUNITIES FOR PUBLIC FINANCIAL CONTROL IN THE CONTEXT OF DIGITALIZATION

Antroptseva I.

Resumo

Purpose of the research. The article examines new automated systems and technologies introduced and used by authorized authorities to increase the efficiency of the implementation of control and supervisory powers, financial discipline by objects of public financial control. The author substantiates the relationship between the introduction of digital technologies and changes in the essence of public financial control, the expansion of its composition in connection with the availability of information on public financial activities of the public. The purpose of the study is to substantiate the relationship between the development of new software products by public authorities and authorized bodies and the effectiveness of public financial control. Conclusions. The development of digital innovative technologies changes the essence of public financial control, involving the whole society in the process of control over the efficient and rational use of funds due to the openness of information about public financial activities carried out by the authorities. Thus, the society can directly get acquainted with the data on the execution of the budget, the procedure for its formation and expenditure of funds. Digitalization makes it possible to increase the responsibility of public financial control bodies, since all data on their activities becomes open and accessible, and also the principles of independence and objectivity acquire a completely new meaning due to the comparison and analysis of data by automated systems.
Economic Problems and Legal Practice. 2021;17(3):255-261
pages 255-261 views

PROBLEMS OF LEGAL REGULATION OF CONTROLLED FOREIGN COMPANIES IN THE RUSSIAN FEDERATION

Savostyanova S., Kuznetsov I.

Resumo

The article analyzes the concept of a controlled foreign company, obligations of a controlling person, the history of formation and development of legal regulation of controlled foreign companies abroad and in the Russian Federation. The aim of the research is to analyze the provisions of Russian legislation related to the legal regulation of controlled foreign companies, as well as to identify positive and negative aspects for controlling persons in the light of the recent changes in legislation on taxes and fees, which came into force since 2021 in the Russian Federation. Conclusions. The issue of recognition of a foreign company as a tax resident of the Russian Federation is a cornerstone in law enforcement practice, which is currently not in favor of the tax authorities. In our opinion, in order to clarify the procedure for recognizing a foreign company as a tax resident of the RF in connection with its management from the territory of the RF, it is necessary to provide for additional criteria in the Tax Code of the RF. In particular, it is necessary to fix in the Tax Code a provision, in accordance with which the heads of a foreign company must have Russian citizenship and their activity should be carried out mainly on the territory of the Russian Federation. The legislative provision concerning the submission of financial statements for controlled foreign companies (hereinafter referred to as «CFC») incorporated in the territory of the EAEU also needs to be regulated in more detail. In practice, situations arise where tax authorities interpret the provisions of tax legislation on this issue at their own discretion. In addition, there are different approaches to this issue in the explanations of the Russian Ministry of Finance and the Russian Federal Tax Service. Thus, the Russian Ministry of Finance takes the position that controlling persons have no obligation to submit financial statements, while the Russian Federal Tax Service states that it is the duty of the controlling person to submit statements. In our opinion, the controlling persons of CFCs registered in the territory of the EEU can be exempted from this obligation, because the profits of such companies are exempt from taxation3. Financial statements are required only to determine whether a taxpayer exceeds or does not exceed the thresholds established by the Tax Code of the Russian Federation. We consider it necessary to supplement Article 129.6 of the Tax Code with an indication of extenuating circumstances, which has been worked out by court practice. Thus, among these circumstances may be provided for reduction of the penalty for failure to submit a CFC notification on time if the taxpayer had no intent to commit an offense, the taxpayer's admission of guilt, insignificant time of delay, no damage to the budget, for example, if the CFC's profit does not exceed threshold values. In our opinion, taking into account these circumstances will meet the principles of proportionality and fairness of punishment. The introduction of a fixed tax on CFC profits has both positive and negative consequences for taxpayers who are entitled to apply it. Among the positive aspects is the fact that the controlling person is exempted from the obligation to submit financial statements to the RF tax authorities. In addition, in terms of tax planning a fixed tax may be useful for those controlling persons whose amount of profit of the CFC is much more than 10 million rubles4. Among the negative aspects is the fact that the tax authorities have the right to request reporting after the deadline for payment of the tax in the fixed amount from the profit of the CFC. It should be emphasized that the tax on the fixed profit of CFCs is calculated and paid regardless of the financial results of the company. It is also worth noting that the taxpayer has no right to offset losses from previous years. In addition, when paying tax on the fixed profit of a CFC, the controlling person will not be able to offset taxes paid outside the territory of the Russian Federation.
Economic Problems and Legal Practice. 2021;17(3):262-268
pages 262-268 views

LEGAL REGULATION OF FINANCIAL RELATIONSHIPS IN THE FIELD OF COMPULSORY HEALTH INSURANCE

Borisov D.

Resumo

The purpose of the study is to analyze the theoretical and legal aspects of the functioning of such a social institution as compulsory health insurance. The task of the study is to reveal the essence of this institution, along the way determining the possibilities of its improvement in modern conditions, as well as the development prospects and problems affecting the activities of its main subjects. The author draws attention to the fact that in the field of legal regulation of the interaction of the participants in these relations, there are significant contradictions, most of which concern the issue of allocating and using the necessary means. Conclusions. With the main conclusions, the author confirms the opinion of researchers about the insufficient regulation of issues related to the determination of the existing order of financial interaction between medical organizations and insurance companies, and believes that the Russian authorities need to make a partial correction of the provisions that define it. The author of the study connects this, first of all, with the imperfection of the compulsory health insurance system itself, which is a mixed model of a semi-social type, where the role of medical insurance organizations, as well as their legal status, is initially strongly dependent on other subjects of the relations under consideration. The author considers the need for amendments to be paramount in solving this problem, by which the vector of control over the quality and validity of the provision of necessary medical services will be shifted towards their executors (medical institutions). At the same time, the author proposes to bring the issue of interpretation and use of some concepts contained in the sources of law regulating the procedure for the implementation of compulsory health insurance in the mainstream of legislative correction. Also, this study raises the question of the need to expand the powers of insurance organizations in terms of independent determination of the quality and quantity of services provided by medical organizations.
Economic Problems and Legal Practice. 2021;17(3):269-274
pages 269-274 views

ISSUES RELATED TO NEWS IN LABOR LEGISLATION ON REGULATION OF LABOR OF FOREIGN EMPLOYEES IN THE RUSSIAN FEDERATION, FRANCE, PRC AND UAE

Abdullaev E.

Resumo

Purpose of the study. The purpose of the article is to analyze issues related to the legal regulation of labor rights of migrants in countries belonging to different legal families (the Russian Federation, France, China and the United Arab Emirates), taking into account the challenges that currently determine the formation of economic and migration processes in developed countries. the world. The features of the legal provision of the rights of labor migrants in these states are analyzed, it is said that the importance of legislative regulation of the rights of labor migrants is determined by the place that migrants occupy in the economies of these countries. At the same time, it has been established that the existing system of legal support for the rights of labor migrants in these countries has a declarative and situational nature, in connection with which, in practice, there are various processes that infringe on the rights of labor migrants. It is indicated that these negative trends reduce the level of competitiveness of these countries in terms of attracting foreign labor, which is currently the leading driver of the development of the national economies of these countries. Output. It was determined that this situation creates the preconditions for Russia's entry into the competition in the international labor market, for which it is necessary to create a legislative framework that would allow implementing the strategic concept of a «migrant-friendly country». Arguments are given in favor of the fact that the regulatory and legal framework being developed in Russia also does not fully meet the solution of this problem. In this regard, a number of areas of legal regulation have been proposed, which make it possible to systematically and consistently solve the problems of ensuring the rights of labor migrants in Russia, creating the preconditions for active participation in the competition «for minds and working hands».
Economic Problems and Legal Practice. 2021;17(3):275-279
pages 275-279 views

SOME THEORETICAL ISSUES OF ENVIRONMENTAL INSURANCE IN THE RUSSIAN FEDERATION

Zhochkina I., Pugachev O.

Resumo

The article presents a theoretical study of one of the tools of the economic mechanism of environmental protection - environmental insurance. The analysis of the conceptual apparatus, objects and principles that determine its content is carried out. Conclusions are made about the need for a sufficient scientific study of concepts in order to legislatively regulate the conditions, procedure and features of environmental insurance in Russia. Separate directions of further development of legislation on environmental insurance are highlighted and proposals for its improvement are substantiated. The author comes to the conclusion that it is precisely environmental insurance that is designed to both prevent the negative impact on the environment in the course of economic and other activities, and to compensate for the environmental damage from such activities. This is the main purpose of environmental insurance.
Economic Problems and Legal Practice. 2021;17(3):280-284
pages 280-284 views

ENSURING HIGH STANDARDS ECOLOGICAL WELL-BEING IN RUSSIA: INSTITUTIONAL AND LEGAL FACTORS

Pavlikov S., Battalova L.

Resumo

The purpose of the research. The internal and external factors described in the article, contributing to the provision of high standards of environmental well-being in Russia, equally affect the processes of establishing and observing environmental norms and rules. Analysis of these factors makes it possible to determine the main priorities of modern standardization in the field of nature management and environmental protection, which, ultimately, can lead to the establishment of the necessary balance between the existence of man and nature, of which he himself is a part.
Economic Problems and Legal Practice. 2021;17(3):285-290
pages 285-290 views

COUNTERING THE FALSIFICATION OF ELECTION RESULTS IN THE RUSSIAN FEDERATION

Shkhagapsoyev Z., Akkaeva H.

Resumo

Involvement of the population in the management of state affairs through voting in elections and referendums allows citizens to determine the main directions of the implemented policy. An analysis of the peculiarities of the electoral process in the Russian Federation makes it possible to single out a number of violations committed in relation to the electoral rights of citizens by members of electoral commissions. At the same time, falsification of the voting results, which significantly distort the expression of the will of citizens and discredit the institution of elections and the referendum process as a whole, have a particular public danger. Despite the fact that Russian criminal legislation has long been regulating the specifics of bringing persons to justice for falsifying voting results, these crimes are still prevalent in electoral practice. The purpose of writing a research paper is to analyze the current mechanisms for combating vote rigging in the Russian Federation. The author concludes that the ineffectiveness of the mechanisms for combating this crime is due to the incorrectness and inconsistency of the wording of the current criminal law norm (Article 142.1 of the Criminal Code of the Russian Federation), which does not take into account the different degree of public danger of certain illegal acts committed in the process of falsifying the voting results and the results of elections and referendums based on them. In this context, it seems necessary to change the current criminal law in terms of identifying several elements of this crime depending on the direct subject of the unlawful act, the appropriate differentiation of punishments for their commission, as well as the allocation of qualifying features. Improving the criminal legal framework for countering vote rigging will have a significant impact on the effectiveness of the fight against this crime.
Economic Problems and Legal Practice. 2021;17(3):291-294
pages 291-294 views

COUNTERING THE USE OF THE INTERNET FOR TERRORIST PURPOSES

Berova J., Kardanov R.

Resumo

Currently, all spheres of life of the state, society and person are associated with the processes of digitalization and informatization. The development of information technologies entails not only positive changes, but also contributes to the improvement of the criminal activities of terrorist and extremist organizations, which, through the use of digital opportunities and cyberspace, promote their ideas, views, use the Internet space in their illegal interests. Terrorists and extremists actively use the Internet, which, due to its characteristics, allows them to carry out illegal activities and remain undisclosed. In this regard, the task of public authorities is to pursue an efficient and effective policy to prevent the use of cyberspace for terrorist purposes. The article reveals the main advantages of the Internet, which are used by terrorist and extremist organizations for their illegal purposes, focuses on the activities of state authorities in combating the financing of terrorism carried out through cyberspace, points out the need to create new and improve existing ways to identify, suppress and disclosure of crimes mediated by the peculiarities of the global virtual space. The author points out certain difficulties associated with identifying persons committing illegal acts of a terrorist nature, and at the same time notes that countering the use of the Internet for terrorist and extremist purposes should be carried out through interdepartmental interaction of all interested parties.
Economic Problems and Legal Practice. 2021;17(3):295-298
pages 295-298 views

EXPORT CONTROL OF MILITARY PRODUCTS IN THE EAEU: REGULATORY PROBLEMS

Gelyakhova L., Moshkina N., Temmoeva Z., Kankulova L.

Resumo

The urgent need to combat the proliferation of military products, as well as other goods or technologies that can be used for terrorist purposes, to undermine the national security of a member state of the EAEU, exists in the modern world. Export control acts as the main means of combating the spread of these goods and technologies. In the article, the authors analyze the main problems of legal regulation of export control in relation to military products. Among the main problems is the absence in the Union of a unified procedure for the implementation of export controls in relation to the category of goods under consideration, since basically the relations under consideration are regulated by national legislation that has significant differences. To solve the system of export control of military products identified during the analysis, the authors come to the conclusion that it is necessary to take certain measures both at the level of amending the current legislation and in the practical activities of the relevant state bodies. In particular, the establishment of a unified procedure for the implementation of export control of military products in the EAEU will allow avoiding contradictions arising from differences in the norms of national legislation of the Union member states, which will also have a positive effect on increasing the efficiency of military-technical cooperation. In order to improve the quality of export control, it is necessary to solve a number of problems both at the legislative level and in practice, which is due to the need to create an effective system for the movement of military products and the implementation of export control in relation to them.
Economic Problems and Legal Practice. 2021;17(3):299-302
pages 299-302 views

PUNISHING AUTONOMOUS ROBOTS: CRIMINAL LAW PERSPECTIVES

Begishev I.

Resumo

The purpose of the research. To develop and propose to the legislator a model of the criminal-legal reaction of the state to the potential possibility of harming public relations, values and interests protected by law in the process of functioning of autonomous robots. In this article, for the first time in the theory of domestic criminal law, an attempt is made to comprehensively state the problem of determining the boundaries of responsibility for causing harm to interests protected by criminal law in the process of functioning of autonomous robots, and the optimal solution to this problem is proposed. Results. The variability of the legal relationship between the behavior of a subject capable of being subject to criminal liability and the fact of causing harm in the course of functioning of an autonomous robot allowed us to develop a specific theoretical model for the application of criminal measures against autonomous robots for harm caused in the course of their functioning. Pursuing the goal of the most complete and comprehensive solution of the tasks of the Criminal Code of the Russian Federation, adapting existing criminal law norms to the trends of dynamically progressing digital technologies, we find it possible in the foreseeable future, when the technological singularity is reached and autonomous robots appear, to propose to the legislator to supplement the General Part of the Criminal Code of the Russian Federation with a new chapter «Criminal law measures applied to autonomous robots», which gives criminal legislation a new impetus in the light of the development of end-to-end digital technologies.
Economic Problems and Legal Practice. 2021;17(3):303-313
pages 303-313 views

TO FRAUD PREVENTION IN THE FIELD OF LENDING

Manukyan A.

Resumo

In the modern world, loans have become an important part of the lives of many people. In some cases, a loan helps to solve difficult life situations, but at the same time, along with the large-scale use of lending, there is a significant interest of criminal communities in these forms of receiving funds, which leads to a serious increase in crime in this area. Of particular interest in this context are fraudulent actions in the field of lending, which are widespread in Russian practice. Despite the fact that at present many public authorities are engaged in the development of mechanisms for combating fraud, including in the field of lending, the greatest attention to the development of the above-mentioned crime is still paid in the process of identifying and investigating fraudulent activities. The purpose of writing a research paper is to analyze modern measures to prevent fraud in the field of lending, identify problems of their implementation and determine the most promising areas for their improvement. The author comes to the conclusion that at present there are a number of problems associated with prosecution for the above-mentioned crime, which is not taken into account when developing and organizing preventive measures. Attention is focused on the paramount importance of preventing fraud in the field of lending and its specifics. The development of financial, legal, information and digital literacy of the population, taking into account the modern realities of illegal behavior in the field of lending, is highlighted as the most promising direction for improving preventive measures.
Economic Problems and Legal Practice. 2021;17(3):314-317
pages 314-317 views

DETERMINANTS OF ECONOMIC CRIME IN THE FIELD OF AGRO-INDUSTRIAL COMPLEX

Bondar A.

Resumo

The article is devoted to the study of the main determination factors of economic crime in the field of agro-industrial complex. In order to collect the actual empirical material, expert interviewing the person convicted of the economic crime associated with obtaining targeted funds for the development of entrepreneurial activities. In the conclusion of work, certain conclusions were made, indicating the presence of certain causes and conditions of generating economic crime in the sector under consideration.
Economic Problems and Legal Practice. 2021;17(3):318-320
pages 318-320 views

THE IMPACT OF GLOBALIZATION ON THE DEVELOPMENT OF INTERNATIONAL LEGAL REGULATION OF WORLD TRADE AND INTERNATIONAL LAW ON THE PROCESS OF GLOBALIZATION

Nikiforov V.

Resumo

The purpose and objectives of this article are to define and characterize globalization, describe the key trends of globalization as a factor affecting the development of international law, and identify the features of the influence of international law on globalization. Methodological approach. The work uses general scientific methods, as well as elements of comparative legal, historical and legal methods and the method of legal interpretation. Results and conclusions. The article reveals the peculiarities of the impact of globalization on the development of international legal regulation of world trade and international law on the process of globalization. Originality and value. The study is valuable because of its relevance and originality of the work, which focuses on the process of the influence of international law on the development of globalization and globalization - on the development of international law as equivalent, twofold and constantly increasing.
Economic Problems and Legal Practice. 2021;17(3):321-325
pages 321-325 views

IMPLEMENTATION OF CRIMINAL POLICY IN THE FIELD OF IDENTIFYING AND SUPPRESSING CHANNELS OF FINANCING EXTREMIST AND TERRORIST ACTIVITIES

Borin B., Shmonin A.

Resumo

The article examines the criminal-legal basis for combating the financing of extremism and terrorism, the stages of activities to identify and suppress the channels and sources of financing extremist and terrorist crimes. As a result of the study, a classification of funding sources, methods of identifying channels for financing extremist and terrorist activities are presented. The article provides a detailed overview of modern methods of suppression and elimination of funding sources for extremist and terrorist activities.
Economic Problems and Legal Practice. 2021;17(3):326-331
pages 326-331 views

FEATURES OF FIXING ACTIONS CARRIED OUT DURING THE INSPECTION OF FOOTPRINTS, SEIZURE AND PACKAGING OF OBJECTS

Shkhagapsoyev Z., Gauzhaeva V.

Resumo

The purpose of this article is to summarize information about the features of fixing the actions carried out during the inspection of footprints, removal and packaging of objects. The paper provides a comparative legal analysis of the definitions used, their influence on the content of these processes. Fixation in the article is considered as one of the stages of collecting evidence that are objects of the material world or their traces, following their detection using visual, physical and chemical methods. The methods of seizure are classified depending on whether the trail-sensing object is seized, and the means of packaging are recommended those that will ensure a greater degree of preservation of the trace. In an effort to ensure the legality of decisions taken at the stage of initiating a criminal case, the legislator has extended the possibility of inspecting the scene to verify the information received, detect, fix and remove traces at the designated stage. The results of such a generalization can be used in the practical activities of the preliminary investigation bodies, for further theoretical research, the preparation of scientific papers and for solving practical problems in the field of preparation and inspection of the scene of the incident, both before the initiation of a criminal case and within the framework of the preliminary investigation.
Economic Problems and Legal Practice. 2021;17(3):332-335
pages 332-335 views

THE PITFALLS OF THE CURRENT GOVERNMENT PROCUREMENT ALGORITHMS IN THE HEALTHCARE SYSTEM OF THE RUSSIAN FEDERATION

Pavlyuk A., Polozova D.

Resumo

The article reflects on current problems within the system of government procurement of pharmaceutical products that fulfil the public healthcare system needs. The authors examine the public procurement procedures in regard to implementation of the citizens’ constitutional right to healthcare. The purpose of the work is to identify problematic issues within the public medicines procurement procedures and to propose measures aimed at improving the legislation within the domain. The range of problems include inefficient calculation algorithms that determine the maximum initial price of a contract and the excessiveness of the existing protectionist laws within the procurement system. The article uses general scientific methods: analysis, abstraction, system-structural approach, modeling, and pharmaceutical market monitoring analysis. The authors consider reevaluation of some legislative initiatives to be essential so that law violation could be avoided, and patient rights would be ensured. The research importance consists in the possibility of implementation of the introduced approach to change the law in order to enhance the government procurement system performance in regard to pharmaceutical products and, consequently, improve the efficiency of the healthcare system as a whole. The research may be useful for public servants, lawmakers, students and practitioners.
Economic Problems and Legal Practice. 2021;17(3):336-342
pages 336-342 views

LEGAL REGULATION OF ADMINISTRATIVE DETENTION BY THE INTERNAL AFFAIRS AGENCIES

Khandokhov A., Kodzokov A.

Resumo

The purpose of this study was to study the issues of legal regulation related to one of the measures to ensure administrative proceedings - administrative detention. The article provides an analysis of the articles of the Code of Administrative Offenses related to the implementation of administrative detention and the Law «On Police», according to which police officers are involved in the implementation of this detention. The implementation of this measure, being one of the important and urgent tasks facing law enforcement officers, is aimed at ensuring the rule of law and order, as well as protecting the rights and legitimate interests of citizens. Conclusions: in this study, we raised the issue of inconsistency with modern realities of legislative regulation of activities for the implementation of administrative detention. The content of the Code of Administrative Offenses of the Russian Federation does not regulate fundamentally important issues arising in the course of the administrative detention of individuals, in particular convicts. In addition, a problematic legal field here is the lack of clear regulation in the Criminal Executive Code of the Russian Federation of the procedure for carrying out this detention, which, in turn, deprives citizens of the necessary guarantees for the observance of their rights and freedoms. In addition, the issues concerning the subjects entitled to arrest are not always resolved in the same way. We believe that a big gap in the legislation is the lack of specification of the subjects entitled to detain persons sentenced to compulsory, corrective and forced labor. Thus, in the light of the current situation, when there is no proper legal regulation of the interaction of law enforcement agencies in the application of preventive measures, it is necessary to legislatively consolidate the powers of employees of the penal system to detain convicts, as this leads to the deprivation of citizens of the necessary guarantees for the observance of their rights and freedoms, which is inconsistent with constitutional norms.
Economic Problems and Legal Practice. 2021;17(3):343-346
pages 343-346 views

FORMS OF INTERACTION OF ARBITRATION COURTS AND FEDERAL SERVICE FOR FINANCIAL MONITORING AIMED AT COUNTERACTION TOWARDS ILLEGAL FINANCIAL OPERATIONS

Katukova S., Klekachev N.

Resumo

Goal of the research. The purpose of the research is to identify the optimal forms of procedural interaction between arbitration courts and the Financial Monitoring Service when considering cases by courts, the circumstances of which contain signs of illegal financial transactions. Conclusions. Involvement of Rosfinmonitoring departments in case of suspicious financial transactions can be considered as the demonstration of the principle of judicial management of the process. The main form of involving Rosfinmonitoring bodies as third parties that do not make independent claims on the subject of the dispute, proposed by the Supreme Court of the Russian Federation in the Review dated July 8, 2020 for commercial courts is not optimal. Taking into account the increasing number of cases, the following forms of interaction with Rosfinmonitoring correspond more to its potential: sending a request for information and evidence by an arbitration court in accordance with Article 66 of the Arbitration Procedure Code of the Russian Federation, and involving the Service for giving an opinion on the case by analogy with the rules provided for in Article 47 of the Code of Civil Procedure RF. To protect the public interest, Rosfinmonitoring has the right to enter into the proceedings as a third party who does not make independent claims on the subject of the dispute if a real interest in the proceedings arises. The Financial Control Service has the right to participate in the arbitration process by appealing against judicial acts and applying for the resumption of proceedings in cases of suspicious financial transactions in the manner of revising judicial acts on newly discovered circumstances. In the conclusion of the article, a generalized algorithm for the activities of the arbitration court on interaction with the Rosfinmonitoring bodies is presented, the need to coordinate their efforts in the field of counteraction towards the legalization of monetary assets obtained by criminal means, is noted.
Economic Problems and Legal Practice. 2021;17(3):347-353
pages 347-353 views

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