Vol 17, No 6 (2021)

Aim. To identify the problems of establishing the prerequisites for the liberalization of modern domestic currency legislation, to form objective grounds for establishing the actual prerequisites for making changes to the current system of currency legislation in Russia, including the novelties in terms of currency restrictions. Conclusions. The legal aspect of foreign exchange liberalization cannot be reduced to the weakening of the existing foreign exchange restrictions established by law through the abolition of some and the softening of others: it is useless to correct or weaken the existing vaguely worded rules, since the negative impact of foreign exchange restrictions, manifested in various undesirable consequences for the economy and the efficiency of foreign economic relations, is rooted in gaps in foreign exchange regulation. The consequences of the identified gaps in the legislation regulating the restrictions on currency transactions are the lack of formation of the conceptual apparatus and the declarative nature of the methodological foundations of currency legislation, which provided the possibility of replacing the norms for regulating currency restrictions with prescriptions on prohibitions and restrictions on permissions. A new approach to assessing the prerequisites for the liberalization of currency legislation is needed, ensuring changes in the provisions governing restrictions, which will be dictated by objective grounds, and not by the need to strengthen control and supervision over participants in foreign economic activity. One of the approaches justified in the article is the convergence of the norms of national currency legislation with international ones, which regulate foreign economic transactions in foreign currency, represented by documents developed by the IMF, which are widely used in most countries of the world in regulating current transactions and capital flows.

The presented article examines various aspects of the hostile informational impact on the formation of the legal consciousness of the population of the countries in relation to which such an impact is carried out. In the modern world, direct military confrontation between states, especially between those of them that have significant military potential, primarily nuclear weapons, for obvious reasons, loses its significance in resolving international conflicts. Various information operations are beginning to play an increasing role, which, thanks to the widespread dissemination of information networks, can have a negative impact on the legal consciousness of a significant part of society, which ultimately can destabilize the state of law and order in the state. The purpose of this study is to obtain new knowledge to minimize the risks of information threats to the national security of states. Some theoretical and legal aspects of hostile information operations used in the modern confrontation between different states, the totality of which is commonly called information war, are analyzed. The article discloses in sufficient detail the main forms, schemes, elements of hostile information operations of a modern type, demonstrates exactly what information attacks are and what exactly they are intended for; on the example of specific information operations, general lines and main strategies of conducting an information war against Russia are distinguished. The article examines the influence of various techniques used in the conduct of information warfare on the legal consciousness of the population in general and such a category as young citizens, in particular. The mechanism of the psychological impact of an information attack on the consciousness of an individual is considered, options for countering the harmful influence of information attacks in the context of an information war are proposed.

This article is devoted to the analysis of the state and the search for solutions to the problems associated with the participation of a lawyer in providing legal work in organizations of the digital economy. The essence of the changes in legal work caused by the processes of informatization and digitalization affecting the activities of lawyers in new conditions is analyzed; proposals are made to amend the legal status of lawyers and increase their competence. The author comes to the conclusion that in the conditions of the new economy, when carrying out legal work in organizations of a high-tech complex, the attention of lawyers should be paid to the peculiarities of legal support for the processing and protection of personal data, research and development work, commercialization of intellectual property rights and the establishment of confidentiality of information as the most important areas of the legal service in the digital economy.

The article discusses the legal issues of the use of open and personal data in the process of functioning of artificial intelligence technologies, analyzes the possibilities of applying the current legislation on personal data in blockchain systems. The purpose of the study is to establish and identify the features of the use of open data on the Internet and to develop proposals for the practice of applying data protection standards, taking into account the observance of the rights of users and copyright holders. Based on the analysis of the practice of data turnover, the author comes to the conclusion about the possibility of dividing data into public and private. The protection of private data is carried out through norms that prevent unfair competition, prohibit parasitism on someone else's business reputation, establish a ban on the disclosure of trade secrets and the right to privacy protection. The granting of public access status to open data depends on the type of open data. Data classified as open on the basis of a law or a decision of a state or municipal body may be freely used by third parties. The data, the openness of which is determined by the entity owning such data, in the case of their entry into the database created by such a subject, can be extracted and processed by third parties on the basis of an open license, the type of which can be determined by the copyright holder of the database. Based on a comparative analysis of the principles of information security used in blockchain technology and in the field of personal data protection, it is concluded that the possibility of applying the law on personal data in relation to blockchain technology depends on two elements: the nature of personal data and the subject responsible for their processing.

Research Objective. The article deals with the construction of the agency agreement, its genesis since the Roman law and development up to the modern stage. The authors analyse the experience of foreign legal systems, legislation in a historical context, identify the features of the agency agreement in correlation to related institutions of private law. The authors research the issues of independence of the contractual structure of agency agreement, its unique characteristic which is inherent only to the institution of voluntary representation. Authorization in voluntary representation occurs through authorization the agent (which is the basis for external representation relations). Conclusions. This study emphasizes key areas of qualification of the agency agreement, based on the provisions of applicable civil law, doctrine and law enforcement practice.

For a long time, there has been a norm in the Russian legislation according to which it is possible to replace the procedure of signing of a contract with some confirmatory actions. Such actions (payment, shipment of goods) traditionally may be used instead of the acceptance. Recognition of these actions as legally significant allows to avoid unnecessary formalization of civil relations, to combine the conclusion and execution of the contract. Such actions are also may be used in consumer legal relations. The article studies the legal acts regulating the provision of services, where we understand as the confirmatory actions the acceptance of a public offer by the actions of the consumers of various services. However, the legislation doesn’t regulate the issues of amendment, termination and cancellation of contracts by confirmatory actions. The article concludes that confirmatory actions can be considered as a consent to amend a written agreement. In the opinion of the authors of the article, such actions may confirm both the cancellation and the termination of the contract. Also, confirmatory actions are used to confirm the validity of the contract, when the party has the right to cancel it. The judicial practice often fills in the legal gaps, that’s why the article provides numerous practical examples, proving the grounds and cases of the use of confirmatory actions. The article understands as confirmatory actions taking of any real actions that clearly indicate a person's desire to enter into a new legal relation or change and terminate previously existing legal relations between the parties, in cases not expressly prohibited by law. It is required to make amendments to the legislation in order to give a definition of this concept, as well as to reveal the grounds and cases of recognition of confirmatory actions as legally significant.

A corporate name is a means of individualizing a commercial legal entity. Along with the requirements that are established by article 1473 of the Civil Code of the Russian Federation, the company name may be subject to requirements contained in special laws. An example is the rules provided for by Article 2.6 of the Federal Law of 19.07.2007 № 196-FZ «On Pawnshops». The article discusses the changes in the legal regulation of the company name of pawnshops, which came into force on January 11, 2021. The issue of the specifics of specifying OKVED codes by pawnshops was also considered.

The purpose of the study. The article classifies the legal means of protecting citizens participating in shared-equity construction. The impossibility of using public means of protection of citizens of the Russian Federation participating in shared-equity construction in commercial shared-equity construction is substantiated. This is due to the entrepreneurial nature of shared-equity commercial construction, which requires registration of citizens-shareholders as payers of professional income tax or individual entrepreneurs. Conclusions. The presented features of the legal protection of participants in shared-equity commercial construction are due to the lack of special means of protection of organizations-shareholders and the classification of such protection into general, sectoral and special means of protection. Common remedies for both citizens and organizations in the field of shared-equity construction differ in uniform norms. Industry-specific means of protecting citizens participating in shared-equity commercial construction include the protection of business entities (self-employed persons or individual entrepreneurs). Special means of public protection can be applied only to citizens participating in the non-commercial segment of shared-equity construction.

Purpose of the study. The article reveals the main provisions of electronic evidence as one of the elements of electronic justice, which is reflected in the theory and law enforcement practice of Russian judicial proceedings. This is primarily due to the widespread introduction of digital innovations, in particular to the various types and types of proceedings listed in the new edition of article 118 of the Russian. Constitution. The purpose of the study is to explore the main aspects and features of the legal nature of electronic evidence, characterized by certain properties and ways of providing. The latter are reflected in the procedural activities of both the notary and the court. However, not always the above-mentioned authorized sub-objects of law-enforcement activity are able to fully implement provision of such evidence, due to the lack of special knowledge in the field of information technology. Results. The author proposes to develop proposals at the normative level to make a number of amendments to the procedural codes in part of article 71 of the Civil Procedural Code and article 75 of the Arbitration procedural code of Russian Federation. This will make it possible, according to the author, to develop at a completely different level the process of improving the judicial activity of courts of general jurisdiction, arbitration courts when they make legitimate decisions by correctly determining the subject of electronic evidence by the criteria of its reliability and admissibility.

Nobody is safe from medical error in the modern world. It is difficult to identify the elusive distinction between negligent attitude and justified medical risk as well. In some cases, however, when it comes to protecting the interests of a special category of women in the medical field - pregnant and ones giving birth, every effort must be made to create all the necessary conditions to ensure that there is no negligence on the part of medical personnel that could entail serious consequences. Particular issues of the analysis of liability for negligence regarding pregnant women and women giving birth are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norm specified in the Article 293 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: An in-depth study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of actions of a medical worker that constitute a breach of good faith or negligence in the performance of his or her official duties. Conducted constructive analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility of medical workers for committing a crime under article 293 of the Criminal Code of the Russian Federation, concerning pregnant women and women who have given birth and to identify the main problems that show up at the constructive tagging of this act. Eliminating these problems will help to increase the effectiveness of the application of this norm. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

In the given article the problems of corruption in the educational institutions of the higher education is explored with taking into account the experience of its transformation into a virtual environment in a pandemic situation. The author of the article draws attention to the importance of this problem and notes the diversity of forms of corruption in the educational institutions. The author puts the special emphasis on the so called «soft forms of the corruption» that feed corruption mechanisms in education and have a negative influence on the quality of education. In this research the author argues on the positive and the negative aspects of the digitization of education, which must be taken into account in the process of organizing preventive work against corruption and bribery in the educational environment. Noting the importance of eliminating the causes of corruption in this area the main conclusion can be made is that the «hinderance» to the preventive activities,which still remain is the conciliatory attitude of the students. As the priority direction in the context of digitization remains the promotion of tolerance of corruption among the population, especially among students.

This article examines certain features of administrative prejudice, its impact on the qualification of a provided for in Art. 116.1 of the Criminal Code of the Russian Federation (hereinafter referred to as the CC RF). An analysis of both current legislation and draft laws, the theory of criminal law is carried out on the example of the above article of the CC RF. At the same time, the article highlights and describes the characteristic features of administrative prejudice, considers the main problems that arise when qualifying crimes. It should be noted that the topic of the article has not been well studied, while the problems raised require an early solution in view of the dynamically developing law of Russia, both in general and in particular criminal. Studying and conducting a deep analysis of the influence of administrative prejudice on the qualification of crimes, including in accordance with Art. 116.1 of the Criminal Code of the Russian Federation, the author draws conclusions about the need to amend the current legislation, and also gives a definition of administrative prejudice, which has a law enforcement nature and solves some of the problems that arise when qualifying crimes. The author's point of view on the problem outlined in the article may be quite interesting for specialists both in the field of criminal and administrative law, since, according to the author, the institution of administrative prejudice considered in the article, among other things, also has an interdisciplinary nature, which causes a person to be held criminally liable.

This article discusses current issues and challenges in financing of extremist activities in the Russian Federation. The goal was to analyze and develop solutions enforcement and detection of financial crimes. In the course of the work, it was established, that the number of cases involving the crimes in question relatively high, but their clearance rate is lower than the crimes committed. Namely, crimes committed in the area of financing extremist activities, have a significantly high latency, which in turn necessitates in improving the quality of detection of this type of crime. The author analyzed all means of financing extremist activities and at this analysis leads to conclusions to improve the work of law enforcement agencies and to remedy problems that have arisen.

One of the priority tasks facing the state is the tasks related to the protection of public health. Solving them will improve both the welfare of an individual citizen and the demographic situation in the state as a whole. Unfortunately, among medical workers there are those who wish to use the appropriate mechanism not for the benefit, but to the detriment of society for the sake of satisfying their own selfish interests. But in order for this protection to be effective, a technique is needed that would allow the most effective disclosure of these crimes and expose the perpetrators of them. The problems and features of the application of information bases, in particular, the criminalistic characteristics of crimes in the investigation of fraud in the field of healthcare are considered in the proposed article.

The paper examines practical situations in which there is a risk of making a law enforcement error when qualifying crimes in the economic sphere. An analysis of existing approaches to the definition of the concept and the reasons for committing law enforcement errors is given, bottlenecks are identified and recommendations are formulated aimed at overcoming them.

Pandemic 2020-2021 made significant adjustments to the situation in the labour market. The importance of restoring the level of employment of the population of Russian regions to pre-pandemic values was noted by the Prime Minister of the Russian Federation Mikhail Mishustin, speaking in the State Duma with a report on the work of the cabinet of ministers for 2020. This article examines the economy of the Central Federal District, in particular the size of the labour force, as the main factor in employment. Based on the correlation and regression analysis, the main socio-economic indicators have been identified that have a significant impact on the size of the labour force. These include the coefficient of migration growth; monthly nominal accrued wages of employees of organizations; the number of enterprises and organizations. An econometric model has been developed that makes it possible to predict the number of employment of the population and make managerial decisions on measures to influence it.

The purpose of the research. The article is devoted to the consideration of the main aspects of the energy transition and its features in the Russian conditions of the implementation of the concept of «green» economy. Attention is drawn to the fact that the energy transition is a long-term trend that does not imply an instant abandonment of fossil fuels and its replacement with renewable energy sources. This is a complex phenomenon that includes both gradual changes, structural transformations, and systemic shifts. The authors note the «umbrella» nature of the concept of a «green» economy, which includes such areas as clean production, bioeconomics, industrial ecology, circular economy and new models of waste disposal, and, of course, the transition to green energy. Expressing the opinion that it is possible to reduce the carbon footprint not only by consuming green electricity, but also by consuming less energy in principle, the authors highlighted energy conservation and energy efficiency as an important aspect of the implementation of the «green» agenda. The authors come to the conclusion that the complexity of the problem requires its extensive study, detailed scenario analysis, involvement of scientists and specialists of various profiles in the development of energy transition programs in Russia, taking into account the peculiarities of its regional development, as well as the socio-economic situation. The energy transition should not be implemented at the expense of the social component of the country's sustainable development.

Task. Despite the fact that the issue of self-learning organizations was considered more than 40 years ago, it is still relevant in the modern world. The macroenvironment of the enterprise has always been characterized by a high degree of volatility, which has led to the importance of creating self-learning organizations, the main task of which is flexibility and the ability to adapt to these conditions. The modern development of the economy and the impact of the pandemic further confirms the need for organizations to move from traditional to self-learning. Making this transition is essential for the organization to remain competitive in its market. Model. The authors proposed the use of a well-known methodology for assessing the need for the formation of self-learning organizations, P. Senge, supplemented by the sixth discipline - readiness for digitalization. The modernization of this issue indicates the need for its practical application. Conclusions. The methodology presented in the article will allow companies to assess their need to move from a traditional organization to a self-learning one. If a company is not ready for digital transformation, then it does not have the necessary resources to implement the concept of self-learning organizations. There is a definite relationship between the transition to self-learning organizations and the willingness of companies to apply digital technologies in their activities. Practical value. The proposed methodology for assessing the need to form a self-learning organization, which consists in supplementing it with the sixth discipline, can be used by enterprises of any industry, because the digital transformation of business affects all sectors of the economy. Originality. The proposal to supplement the existing methodology for assessing the need for a transition to self-learning organizations is relevant, because digitalization is actively entering all spheres of life. It is the readiness of enterprises for digital transformation that testifies to their readiness to implement the principles of a self-learning organization, which in modern conditions of economic development is an important indicator of competitiveness. Modern enterprises must be flexible and able to quickly respond to changes in the external environment in order to remain effective. Changes are also taking place in the modern labor market: the new generation Z, which values the company's flexibility and innovation, is ready to learn, ready to change, ready to retrain. Therefore, company leaders need to change the management system, it is necessary to follow the principles of a self-learning organization.

The purpose of the research. The article discusses aspects of the digital transformation of the manufacturing industry on the example of enterprises of the Russian Federation. Problems of development of industrial enterprises in the field of digitalization were identified, the level of digitalization distribution in the manufacturing industry was analyzed, key directions of development of digital technologies in the industry were described, factors impeding digitalization were identified. Conclusions. The writing of the paper used statistical methods, a comprehensive, systematic approach, as well as observation, comparison, generalization. Approaches of development of digital tools of Russian industry for growth of volumes and increase of competitiveness level of this sector of national economy in the world market are proposed.

The article presents a study of pension provision in the power structures of the Russian Federation. It found that the rate of increase in the size of military pensions does not correspond to the growth of inflation and the dynamics of indexation of insurance pensions. It was also revealed that the size of the military pension for years of service does not correlate with the pensioner's subsistence level.

Physical culture and sports are one of the important branches of the social sphere, which is regulated by the state and financed from the budget system of the Russian Federation. Infrastructure provides opportunities for sports and plays an important role in the development of sports and physical culture. Modernization and construction of mass sports infrastructure in conditions of budget constraints requires an increase in the efficiency of investments carried out within the framework of targeted federal programs. The purpose of the study is to analyze and generalize existing models and sources of sports financing and sports infrastructure development in order to develop proposals for improving the model of sports infrastructure financing in Russia. A critical analysis of foreign and domestic scientific literature devoted to the problem of financing the development of mass sports and sports infrastructure was chosen as the research method. The analysis showed that the financing of the goals and objectives of the "sport for all" policy abroad is implemented within the framework of two models through local authorities and sports organizations of three types; each of them pursues different goals and objectives. As a result of the analysis, the most frequently used mechanisms and tools for financing the infrastructure of mass sports are identified. As a result of the study, recommendations for improving the model of financing sports infrastructure in Russia are proposed. The results of the analysis can be taken into account when developing state strategies and programs aimed at the development of sports infrastructure in terms of choosing optimal financing mechanisms for its development.

The article is devoted to the analysis of the possibility of widespread introduction in Germany of functional ceramics, developed at the Institute of Materials Science of the Academy of Sciences of the Republic of Uzbekistan. Many years of research and tests carried out in recent years have confirmed the high efficiency of functional ceramics in many areas. In particular, construction, agriculture, in everyday life, production of various equipment, medicine, development of unsuitable lands, saving fuel consumption and reducing carbon dioxide emissions by 20 or more times. In addition, the final products using this technology are of significantly higher quality than traditional technologies.