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卷 16, 编号 1 (2020)

Articles

Pamyati professora, doktora ekonomicheskikh nauk Iriny Ivanovny Lyutovoy

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Economic Problems and Legal Practice. 2020;16(1):15
pages 15 views

Improving the estimation of customs operations with the goods placed under the customs procedure

Meshechkina R., Pavlova K.

摘要

Purpose. The article is devoted to the definition of theoretical approaches to the assessment of customs operations with goods when placed under customs procedures based on optimizing the time required for customs operations, increasing the receipt of customs payments and improving the quality of customs control. Discussion. Strategic Direction for Development and Improvement of the customs service of the Russian Federation is to improve the performance of customs operations when placing goods under customs procedures based on optimizing the time for their performance and customs control operations, improving the quality of operations performed, reducing document flow through the use of information customs technologies that ensure the efficiency of customs administration conducted by customs service of Russia. The implementation of these areas is provided for by federal laws, a number of government documents, and regulatory acts of the Federal Customs Service of Russia, where, along with these indicators, it is planned to ensure favorable conditions for doing business in foreign trade by participants in foreign economic activity budget of the Russian Federation. Results. The article on the statistical data of the structural unit of the Belgorod Customs demonstrated the possibility of using mathematical models to determine the optimal time for performing customs operations, calculating the volume of customs payments in accordance with the specified parameters while ensuring the appropriate quality of customs control.
Economic Problems and Legal Practice. 2020;16(1):16-21
pages 16-21 views

Improving the economic stability of the enterprise through the introduction of information systems

Khanov R., Izieva A.

摘要

The paper is devoted to the actual problem of the enterprise economic stability increasing through the information systems implementation. The process of improving the enterprise economic stability is considered as a complex system that includes a number of subsystems: financial, organizational, technological, social, environmental, and marketing. The ways to improve the stability of each subsystem using existing information systems are analyzed. Both complex information systems that belong to the ERP systems class and systems designed to perform a variety of local management tasks presented on the nowadays market are considered. The paper concludes that the use of corporate information systems, the main task of which is to automate all enterprise management functions from business planning to company's performance analysis will contribute to improving of the economic stability in general. Timely monitoring of the organization state using modern software tools including all subsystems included in the economic stability system can significantly reduce the time for management decisions making.
Economic Problems and Legal Practice. 2020;16(1):22-25
pages 22-25 views

Pension assets management from the perspective of variable theoretical and methodological paradigms

Esaulkova T.

摘要

The purpose of the article is to reveal the main theoretical and methodological paradigms used in the processes of investing of pension assets. In the article substantiates the idea that the process of managing of pension assets should be considered as an investment process, having its own specifics due to its long-term nature and the special social significance of the obtained results. Keynesianism, monetarist theories should be taken into account by subjects of investment of pension assets in determining of macroeconomic factors affecting to the management processes of such assets. The greatest importance for pension asset management has versions of the portfolio theory, disclosing the ratio risk/profitability, both the portfolio as a whole and its assets. Each version of portfolio theory has its own advantages and disadvantages, considering which it is possible to build an optimal investment portfolio depending on the goals of investment objectives.
Economic Problems and Legal Practice. 2020;16(1):26-30
pages 26-30 views

Factors affecting the development of the market of confessional services of the Republic of Tajikistan

Normatova S.

摘要

Currently, in the Republic of Tajikistan, the development of the market for religious services is fragmented, the chaotic appearance on the market of goods and services of a religious nature does not contribute to the development of a civilized market of religious services. The market for confessional services is part of the consumer market and is influenced by basic and specific factors. The analysis of specific factors made it possible to group them into religious, demographic, economic, and institutional ones. It is proved that the factors considered have a favorable and restraining effect on the development of the market of confessional services in the Republic of Tajikistan. At the same time, specific factors of the development of the market of confessional services are influenced by the institution of religion, since religious regulations determine the functioning conditions of organizations and enterprises. The importance of institutional factors is highlighted, since in a secular state they form the legal basis for the development and functioning of the market of confessional services. Factors affecting the development of the market of confessional services in the Republic of Tajikistan require further theoretical justification and the creation of a right base. The results can be used by public authorities in the formation of the institutional framework of the confessional market and are an increment of scientific knowledge in the development of this market in the republic.
Economic Problems and Legal Practice. 2020;16(1):31-35
pages 31-35 views

Development of relationships of tax authorities and taxpayers persons in the conditions of modern digital economy

Kirina L.

摘要

In the article it was analyzed the changes that occurred in the interaction of tax authorities and taxpayers-physical persons, including individual entrepreneurs, in the digital economy. The main normative documents regulating the introduction of digital technologies in small and medium business in the Russian Federation are considered. Identified main features of the usage of digital technology in this area. The elements of technological transformation of tax authorities in connection with the transition to digital administration and the development of mobile services in taxation were studied. Existing problems in the field of digital tax administration are analyzed and some possible directions of their solution are outlined.
Economic Problems and Legal Practice. 2020;16(1):36-43
pages 36-43 views

Tax audits, its efficiency and effectiveness

Moroz V., Burdakova A.

摘要

The article analyzes the effectiveness and efficiency of tax audits. The reform of tax legislation, the transition to the use of automated programs and an electronic taxpayer dossier will allow the state to conduct much more tax audits and receive more taxes, fees and other mandatory payments during their administration, as well as increase the effectiveness and efficiency of tax control.
Economic Problems and Legal Practice. 2020;16(1):44-48
pages 44-48 views

Russian national payment system integration potential in Russia and Turkey financial security context

Shangaraev R.

摘要

Importance. The article reveals the problems of the Russian national payment system, as well as its place and role in ensuring national security and economic growth of Russia and the possibility of integration into the Turkish banking system in the context of signing on October 4, 2019 the Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on settlements and payments, aimed at expanding and strengthening interbank cooperation, as well as ensuring uninterrupted payments between business entities of the Russian Federation and Turkey. It considers the forecasts, prospects and threats of the functioning of the payment system in the framework of de-dollarization and ensuring the economic security of Russia and Turkey. Purpose. A comprehensive study of the integration potential of the Russian national payment system and the possibility of its application in the banking system of Turkey, assessed the prospects and threats of the functioning of the payment system in the framework of de-dollarization and ensuring the financial security of Russia and Turkey. Design/methodology/approach. In the process of studying the problems of integrating the Russian national system into the Turkish banking system, logical, statistical analysis methods were used. Findings. In connection with the activation and liberalization of financial markets, the strengthening of integration processes in the global economy, as well as the continuous extension of sanctions against the Russian Federation and its strategic partners, there is a radical reorientation of economists' views on the organization of cashless payments: from an infrastructure element that performs mechanical functions to the basic regional structure economics. Originality/value. Gradually, through the conclusion of agreements on settlements in national currencies, the dependence on the US dollar and, in principle, on the American financial system in trade and investment relations of Russia and its trade and economic partners is reduced. Such a measure does not significantly affect the turnover of trade between countries, but protects it from the influence of third parties, since America can no longer block transactions in settlements in national currencies. Many countries are subject to US restrictions, so using the US dollar in cross-border transactions is equally risky for these countries.
Economic Problems and Legal Practice. 2020;16(1):49-55
pages 49-55 views

Ownership as a concept of «economic category» in the legislation of the Russian Federation

Sycheva E.

摘要

Introduction. Ownership relations represent the interests of all segments of society and single individuals. As the needs of society and interests change, the boundaries of property do so. Ownership is reflected in legislation, which should also be constantly improved. When developing amendments to legislative norms, the nature of ownership relations should be taken into account. Materials and methods. The article uses materials of the fundamental research work of the Financial University, scientific publications and educational materials, key acts from the legislation of the Russian Federation. Results. The article shows how the content of the economic category «ownership»is reflected in the current legislation of the Russian Federation. For this purpose, the directions of development of property relations were determined and the necessary changes in the legislation were indicated. Summary. The emergence of new ownership entities in the face of corporations requires the justification of concepts such as corporate interests, corporate relations, and corporate property. The necessity of taking into account new opportunities for realizing interests, including in the field of ownership relations caused by digitalization, is substantiated. It is proposed to clarify the concept of a Corporation, given in the legislation of the Russian Federation, taking into account the content of corporate interests and the modern design of corporate relations.
Economic Problems and Legal Practice. 2020;16(1):56-60
pages 56-60 views

Analysis of problems in the banking sector of the Russian Federation through the prism of audit opinions

Kashirskaya L., Vinogradov A., Gaibov G.

摘要

Task. The article discusses the theoretical and practical aspects of the problems of the banking sector of the Russian economy through the prism of audit opinions issued to credit institutions based on the results of the audit. The assessment of the state of this problem is given. The problem is that most of the clients of audit organizations are organizations from the wholesale and retail industry. The financial sector of the economy accounts for 1.2% of the total number of organizations audited by audit companies. Model. In order to confirm these aspects, the article examines a number of statistical indicators for 2017-2018. Conclusions. Comparing violations of the legislation of the Russian Federation by credit organizations that were the reasons for revoking their licenses, and the opinions of auditors expressed in modified audit reports, it is concluded that audit organizations often did not identify a number of very significant violations. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at increasing the emphasis on audit in the audit of this segment of the economy. At the same time, when identifying deviations in the financial position of borrowers and in the amount of reserves created, auditors are required to systematically report this to the audited credit institutions. Otherwise, this leads to the accumulation of low-quality loan debt in the loan portfolio. Originality. The study conducted by the authors revealed that the new reality has changed the attitude to the audit report in the banking sector of the economy. For proper management decisions, users of financial statements need to ensure that the financial statements they rely on are reliable in all material respects. The opinion expressed by the auditors in the audit report is the guarantor of the reliability of the financial statements.
Economic Problems and Legal Practice. 2020;16(1):61-66
pages 61-66 views

The compliance control system as an instrument of internal control of insurance organizations

Turgaeva A.

摘要

Task. The article reveals the essence of the compliance control system. The author conducts a study of this system in the insurance industry, indicating the insufficiency of research on this issue by other authors. The use of this system as an instrument of internal control conducted by insurance companies is indicated. Compliance risks are highlighted both in general for all organizations, and for the insurance business in particular. Current trends in the economic development of Russian companies are aimed not only at improving the quality of services provided, but also complying with their international quality standards, reaching an international level. All this requires insurance companies to comply with the law, apply advanced information technologies, develop internal control programs for the company, based, for example, on the ideology of compliance. The proposed compliance control system in Russian practice is still in its infancy, despite the fact that in developed foreign countries many areas of this control system are firmly included in the economic and economic activities of companies in various industries. Model. As part of the study, issues of determining the place of the compliance control system in conducting internal audits and audits of insurance companies, its resource support and the main provisions for practical implementation in the internal control process were considered. Summary. The compliance control system requires a serious approach in its implementation, a new vision of internal control, the development of certain compliance programs, strategies, plans. The system is designed to identify compliance risks, increase the reputation of the company, objectively evaluate the activities and managers, increase the level of control effectiveness, which as a result will allow insurance companies oriented to the ideology of compliance when conducting internal control to enter the international market. Practical importance. Studies have shown the benefits of using compliance ideology in the internal control of insurance companies. Of course, this will require insurance companies to increase the level of professionalism of specialists in internal control and the ability to organize a working group of professionals of the compliance control system. The system will require adherence to anti-corruption legal and compliance control standards, which will only improve the reputation of the company, as you simply have to adhere to strictness in this matter in relation to employees and management. The compliance sphere can be used for each separate financial and business transaction in the company, therefore this control system will act as a disciplining factor for the activities of insurance companies. Originality. The result of the study was the allocation of specific risks for insurance companies from the total number of compliance risks. Differences between internal control and compliance system were revealed. Concrete actions are proposed for the implementation of compliance control in insurance companies.
Economic Problems and Legal Practice. 2020;16(1):67-71
pages 67-71 views

Situation on the world steel market: economic and statistical analysis

Salin V., Narbut V., Shpakovskaia E.

摘要

Task. Due to significant market changes in the steel industry in recent years, it is necessary to analyze the state and development of the global steel market. This article aims to analyze changes in the structure of global steel production and consumption, its exports and imports after the 2008 crisis, analyze the dynamics of raw material prices and compare it with the dynamics of the price indices of producers of sheet and strip rolled products, and build a forecast of world steel production for the first half of 2020. Model. The paper presents the results of the analysis of changes in the structure of world steel production and consumption, its exports and imports after the 2008 crisis. Given that 2009 was the year of the greatest decline in production, the assessment of changes in steel production of certain groups of countries and their place in the world steel production was made in comparison with this year. This comparison allowed us to see how much the world's countries have regained their positions after the financial crisis, and to assess the impact of the crisis on the qualitative change in the regional structure of steel producers. A seasonal model with a multiplicative range was used to model and forecast global steel production. The parabola model is used to describe the trend. Additionally, the residual component of the model was examined for adequacy. The accuracy of the forecast was estimated based on an average absolute percentage error. Conclusion. It was revealed that during the period from 2009 to 2018, a significant change in the position in the world ranking of steel producers was noted only in the CIS countries and China, the regional structure of consumption of steel production did not undergo qualitative changes, which characterizes its stability. CIS countries significantly reduced their share in world exports, while China, Africa and the Middle East significantly increased their share. In world imports significant changes have affected the countries of the Middle East and China. The consequences of the 2008 crisis resulted in a drop in the steel production capacity utilization rate to 70% in 2009 and 2015.the year of maximum capacity utilization was 2018 (81%). In the period from 2009 to 2015, there was an agreed change in the prices of coal and iron ore, and they had an equal impact on changes in producer prices for sheet and floor rolled products. There was no agreed change in coal and iron ore prices from 2016 to 2019. the prices of producers of sheet and strip products have become more determined by the dynamics of coal prices and less by the dynamics of iron ore prices. Practical importance. In accordance with the fulfilled forecast, we can expect that the volume of steel production in November and December 2019 will be 299.7 million tons. In the first half of 2020, 939.4 million tons of steel will be produced. We can expect a decline in production in February 2020 and the maximum volume of steel production in May 2020. Originality. Due to the fact that there are no such common trading instruments for steel products, such as for different grades of oil, for comparison purposes, prices for rolled steel were selected, as well as the cost of a basket of raw materials, which was determined as the weighted average price of the following elements: iron ore, coking coal, and ferrous scrap. The following raw material prices were used to calculate the basket value: the price of powdered iron ore (62% Fe, spot, CFR China), the price of solid coking coal (spot, FOB Australia), and the price of ferrous scrap (HMS1 scrap, FOB Rotterdam). Comparisons using this method allowed us to draw the following conclusions: a) the price of steel moves in parallel with the price of the main basket, b) regardless of the cost of the basket of raw materials, the absolute value of the producers ' margin remains virtually unchanged, as a result of which the margin level embedded in the price of steel is between 70 and 180% of the cost of the basket of raw materials.
Economic Problems and Legal Practice. 2020;16(1):72-81
pages 72-81 views

Harmonized monetary policy in the countries of the Eurasian Economic Union (EAEU)

Oganisyan G.

摘要

Today’s Eurasian integration and Eurasian Economic Union (EEU) are dynamically developing trends in the former soviet territory. It is evidenced by the enormous number of interested countries, which partnership with EEU is resulted in creation of free trade areas as well as in their wish to have the status of observing member. At this day, the well-developed matter is the integration policy in the area of tax-and-budget regulation, the emphasis of which is laid on custom regulations - in particular, on reduction of confiscations, barriers and limitations. As a result, we have properly harmonized and institutionalized legislation in the area of tax-and-budget regulation, including the taxation rules; however, money-and-credit policy is not harmonized enough. It is explained by the character of tasks set forth for the central banks of participating countries; their today’s main goal is targeting of inflation level. As a result, we have been facing with insufficient support of export of countries, when it is aimed at mutual trade in the frames of EEU.
Economic Problems and Legal Practice. 2020;16(1):82-84
pages 82-84 views

Functions of the self-regulating organizations

Panin S.

摘要

Work purpose. It is proved that the main source of the human relationship is law. However, law can’t affect to the society merely, without any reason. This also applies to self-regulating organizations that requires adoption of certain functions. Functions are the main directions of law impact. On that problem works Russian and foreign scientists, such as D.A. Petrov, I.V. Ershova, S.A. Denisov, E.S. Khokhlov, whose opinions containing in this work. In this work also applied formally legal method. Two foreign scientists P. Kane and George Black more than all the others studied this phenome in law. Conclusions. In order to be correctly performed, self-regulating organizations must be works effectively. Their right work will provide keeping balance of interests state and business and also increased responsibility of the self-regulating organizations.
Economic Problems and Legal Practice. 2020;16(1):85-88
pages 85-88 views

The concept of state management of the electoral process in the Russian Federation

Chistoborodov I.

摘要

The article analyzes the concept of state management of the electoral process in the Russian Federation. Special attention is paid first of all to public administration in general, and subsequently the concept of public administration of the electoral process is formulated. The author's position on the need for legal consolidation of this phenomenon in the current legislation is argued.
Economic Problems and Legal Practice. 2020;16(1):89-92
pages 89-92 views

Features of the legal status of municipal officials on the territory of the Republic of Crimea

Gaevskaya A.

摘要

The article regards the basic principles of the organization of municipal service and the features of some elements of the legal status of municipal employees in the territory of the Republic ef Crimea. The author carries out a comparative analysis of legal acts of Ukraine and Russia in order to identify changes that the institute of municipal service has undergone. Particular attention is paid to the regulation of restrictions and prohibitions associated with municipal service in the territory of the Republic ef Crimea. The author has established the dynamics of growth in the average monthly wage of municipal employees. In the course of the analysis, the directions for improving the status of municipal employees on the territory of the Republic ef Crimea were identified.
Economic Problems and Legal Practice. 2020;16(1):93-97
pages 93-97 views

Character as an object of intellectual property: dualism of legal protection

Sviridova E.

摘要

The article deals with the dualism of legal protection of a character. The features of the character as an object of copyright and as a trademark are highlighted. It is concluded that there are signs of abuse of rights and violation of the balance of interests of copyright holders and users in the possibility of registering a character as a trademark provided by the law beyond the terms of its copyright protection. It is proposed to use the basis for refusing state registration of a trademark in respect of designations that are false or capable of misleading the consumer about the product or its manufacturer, for signs consisting of characters that have artistic value. In addition, it is considered possible to prohibit the registration of characters as a trademark if such use distorts, distorts or otherwise changes the character, or discredits the honor, dignity or business reputation of the author of the character.
Economic Problems and Legal Practice. 2020;16(1):98-105
pages 98-105 views

Energy resources (category differentiation)

Stepanova V.

摘要

The article is an analysis of the content and the mechanism of the formation of the category «energy resources». In the course of research, the question was raised about the identification of the functional need of this concept for energy legislation. The functional need is proven by the specifics of the industry. It is concluded that energy resources are a sector-specific polysemic category, arising from the intersectoral transformation of the object of legislation (transfer of energy as object of right from civic to energy law). The questions on the prospects for the observance of the systematization of the objects of right in the field of energy supply are outlined.
Economic Problems and Legal Practice. 2020;16(1):106-108
pages 106-108 views

Classification of investments

Shpinev I.

摘要

The article deals with the classification of investments. The author notes that at the present time, not only legal scholars do not have a common understanding of the nature and essence of investments, but also different regulations regulating the same legal relations have completely different approaches to defining such a fundamental concept in the field of research as investment. The author concludes that most of the classifications belong to an artificial classification, and only the division of classifications into real and financial ones is as close as possible to the natural classification. The author noted that despite the popular opinion, investments, from the point of view of logic, cannot be divided into direct and portfolio. Direct investment is a special case of real investment, while portfolio investment is one of the methods of financial investment. But these two types of investments are not linked by any properties.
Economic Problems and Legal Practice. 2020;16(1):109-112
pages 109-112 views

Legal nature of electronic money

Sereda A., Ruchkina G.

摘要

Purpose. This article provides an analysis of the category of electronic money as a separate type of property rights of claim. The author presents various points of view that existed before the adoption of the federal law «On the National Payment System» as well as describes the essence of electronic funds in accordance with the provisions of the current legislation. Design. From a legal point of view, electronic money represents the right of a client to an electronic money operator, which carries out the «issuance» of electronic money to individuals and organizations who apply to it. The rapid growth in the popularity of this form of cashless payments is mostly based on its convenience: operational efficiency and a wide range of electronic means of payment, including Internet banking. Electronic money, although viewed by some researchers as «the evolution of non-cash money», is only a payment instrument, which, due to objective trends in the development of economic turnover, may become crucial in the nearest future. Findings. The conclusions made by the author in this article are important in the search for effective models of legal regulation for introducing new types of civil rights objects into property circulation, which can be used, inter alia, as payment instruments. Originality/value. The study may be relevant in the context of the development of legal regulation of the property turnover of virtual currencies in the Russian Federation, since electronic money can be considered as a kind of transition form from traditional non-cash payments to «banking without banks».
Economic Problems and Legal Practice. 2020;16(1):113-116
pages 113-116 views

Revisit in harmonization of the current Russian legislation in the field of intellectual property rights protection with international treaties

Markicheva I., Ruzakova O.

摘要

Purpose. This article analyzes the compliance of Russian national legislation in the field of intellectual property rights protection with the provisions of international law. Findings. It is concluded that Russian legislation regulating the field of intellectual property currently meets the main requirements of international treaties and agreements in this area. However, upcoming challenges of scientific and technical development impose increased requirements on the legal framework that provides reliable legal protection of the interests of subjects of constantly changing public relations on the global level. Practical importance. In the course of the study, special attention is paid to the analysis of existing inconsistencies between Russian and international legislation in the sphere considered. Originality/value. The national legal system shortcomings cited by the author can serve as suggestions for further improvement of Russian legislation in the field of intellectual property protection. Moreover, the identification of inconsistencies of national legislation with respect to international treaties is of particular importance in connection with the preparation of constitutional reform.
Economic Problems and Legal Practice. 2020;16(1):117-120
pages 117-120 views

Problems of legal protection for objects of design creativity on the Internet

Jundubaeva S., Sviridova E.

摘要

The article reveals the legal conditions of modern design solutions on the Internet. Such problems as the problem of protection of copyright and patent law on the Internet; the problem of international regulation of rights of objects of design creativity, taking into account their uncontrolled spread on the Internet; the problem of the practical scope of the law in terms of economic benefits from the existing gaps in the law in the field of protection of works of design creativity from plagiarism and use by legal entities without compensation to the authors are considered. The author proposes to introduce a new category of intellectual property rights for comprehensive protection of the results of intellectual activity with the most pronounced creative aspect.
Economic Problems and Legal Practice. 2020;16(1):121-125
pages 121-125 views

Financial and legal standards to ensure international and national financial stability in a competitive environment of development concepts and legal practice

Petrova G.

摘要

Introduction. The balance between the requirements of international financial institutions and their application at the national level for each state is determined by the compatibility of national strategies for the development of the financial sector and their consistency with international standards and legal practice. This requires increased collaboration with international financial institutions. Russia cooperates with the IMF, the World Bank, and the Financial Stability Council (SFS) in the field of monetary and financial regulation and supervision, which is due to the presence in Russia of a global systemically important financial sector that operates according to international standards of financial stability. The paper discusses the impact of world economic development concepts on investment financing, stability, the practice of applying global norms and standards in this area. Materials and methods. Analytical materials of the SPS experts on forecasts of world financial stability, the SPS report for 2019, the SPS work program for 2020, documents on the socio-environmental principles of financing World Bank (WB) projects, UNGA resolutions on financing for development, the SPS financial assessment program were used Sectors (FSAP), banking legislation of the Russian Federation. The methods of comparative analysis of scientific concepts on the topic of work were applied. Results. It was revealed that there is a competition of international norms developed within the UN framework, both regarding financial control and investment restrictions by the WB, as well as support for investment financing for the development of economies of developing countries. At the international level, several models of the application of the norms and principles of international financial law compete as a system of legal regulators that provide international requirements for trade credit, investment financing, and capitalization of company assets. The main international and national financial legal relations reflecting the level of legal support for financial stability are highlighted. Discussion and conclusions. The procedure for calculating quotas of IMF member states, despite decisions of the Group of 20 Summits 2010-2019 it is still discriminatory and subjective in nature, guided by pro-American criteria for assessing GDP and American theories of economic growth, while at the G20 Summits, it was decided to calculate quotas for new criteria for evaluating the effectiveness of economies. World financial stability is reduced by the inconsistency of the legal approaches of some states to comply with international standards and principles of fair competition in financial markets. For example, the US and EU financial sanctions against Russia, being increasingly sophisticated, are aimed at “holding back” the economic development of Russia, destabilizing finances, which threatens global financial stability in general. That is, the monetary and financial order that has been formed at the IMF since 1944 is still in place, with the goal of restraining the development of rival countries to Anglo-American financial capital.
Economic Problems and Legal Practice. 2020;16(1):126-131
pages 126-131 views

Customs fees as a factor to increase non-tax revenues of the federal budget

Popov A., Barsukova E., Polyakova E.

摘要

The article gives a detailed analysis of problematic aspects existing in the sphere of customs duties calculated to the budget of the state as non-tax income. Having analysed the evolution of the customs duties system, the authors propose recommendations how to improve the legal mechanisms regulating customs duties as a factor in the replenishment of budgetary resources. The subject of the study is the legal framework governing customs administration processes. This direction has been investigated by А. Mann, Т. Yasui, M. Meinzer, F. Kalizinje. The aim of the study is to develop an effective mechanism for the administration of customs duties as a factor in increasing the non-tax revenues of the budget system. The authors use the following methods in research: formal legal method, methods of interpretation of law (functional, logical), legal analysis and forecast. Conclusions: it is established that customs fees calculated to the state budget as non-tax income are paid in the formation of a unified center of administration of non-tax payments, which will increase efficiency in their collection and will ensure growth of budget revenues. It is necessary to harmonize at the legislative level the procedure of regulation and collection of mandatory non-tax payments, and at the same time it is necessary to provide reference rules to customs legislation. Using of the developed theoretical recommendations will allow to distinguish between tax and non-tax payments and will improve the rules for their establishment.
Economic Problems and Legal Practice. 2020;16(1):132-136
pages 132-136 views

Corporate liability of controlling persons in the course of rehabilitation of credit organizations

Kobenia R.

摘要

Objective. To identify the legal nature of the termination of the bank’s obligations to the controlling persons and the loss by the controlling persons of their corporate control as measures of corporate responsibility on the basis of analyzing legislation and scientific works on similar topics. The author’s conclusions are based on the works of such scholars as Lomakin D., Gentovt O., Spirina T. A., Guznov A. G. Conclusions. A gap in the legislation has been identified, as there is an absence of a legal mechanism to recover funds in the framework of the termination of bank obligations to the controlling persons. The study also revealed a common feature of the two measures of responsibility that are being analyzed - they are addressed directly to the controlling person, ignoring the corporate form of the legal entity and its inherent limited liability. The aforementioned characteristic is similar to the legal doctrine of «lifting the corporate veil», which consists of addressing the claims directly to the owners of the company. The conclusion is made that the measures of responsibility of controlling persons are not to be considered torts in nature. It was found that the termination of the bank's obligations to the controlling persons, as well as the of corporate control loss by corporate entities, are special measures of non-tort penetrating corporate liability. Practical value. The results of the study can become the basis for further research both in relation to each type of responsibility, and their place in Russian law. The need to fill the aforementioned gap in the legislation was also noted.
Economic Problems and Legal Practice. 2020;16(1):137-140
pages 137-140 views

To the question of improving the national system of countering the legalization of criminal income in the Russian Federation

Shkhagapsoyev Z., Akkaeva H.

摘要

The national system of combating money laundering in each state has its own mechanism of «anti-laundering» actions developed and improved at the legislative level. There are states with exclusively original methods of counteraction, and there are countries copying the international system. In any case, the main goal is to identify illegal financial transactions and suppress them by imposing the appropriate punishment. The article analyzes the modern national system of combating money laundering in the Russian Federation. The authors explain that Russia has created a very large-scale system of bodies that deal with the legalization (laundering) of criminal proceeds. As a promising direction for improving the system of counteraction of the specified criminal act existing in the Russian Federation, the activation of involving business entities in the process of combating money laundering is highlighted.
Economic Problems and Legal Practice. 2020;16(1):141-143
pages 141-143 views

Problems of effectiveness of preventive impact of criminal penalties

Seregina E., Kutovoy I.

摘要

The article determines the effectiveness of criminal penalties. Attention is focused on the need to address the low level of preventive impact of the existing system of punishment and to expand the potential for the use of criminal measures. The assessment of the modern system of punishments helped to establish a high preventive potential of fines and deprivation of special, military or honorary title, class rank and state awards and the ineffectiveness of arrest. The authors propose specific recommendations to improve both the criminal law and the practice of its application. In particular, to improve the effectiveness of the fine, when it is appointed, the need to study the financial situation of the person is justified; to increase the effectiveness of punishment in the form of deprivation of a special, military or honorary title, class rank and state awards will allow its appointment for crimes of any severity.
Economic Problems and Legal Practice. 2020;16(1):144-147
pages 144-147 views

Some problems of legal assessment of consequences of abuse and abuse of power

Seregina E., Kravtsova E., Khasanova N.

摘要

The paper deals with topical issues that arise in judicial and investigative practice when determining the measure of consequences in the case of abuse and abuse of power. The concept and types of consequences are revealed, the key problems of their legal regulation and practical implementation are highlighted. It is concluded that there are problems in determining the materiality of the harm caused as a result of abuse and abuse of authority by an official, and some measures for theoretical and practical improvement are proposed. In particular, it is proposed to clarify the definition of «significant harm» in the resolution of the Plenum of the Supreme Court of the Russian Federation of October 16, 2009 No. 19
Economic Problems and Legal Practice. 2020;16(1):148-151
pages 148-151 views

Unspecified return value added tax as a method of fraud

Nasimov G.

摘要

Value-added tax plays a vital role in the formation of state revenues. Tax evasion inflicts a severe blow on the economic security of the state, and the more representatives of the private sector of the economy evade taxes, the more difficult it will be to implement high-quality socio-economic state policy. It seems relevant to study modern ways and methods of tax evasion in order to discuss and further develop mechanisms for the prevention of such crimes. The purpose of the article is to consider fraudulent activities that are based on the return of the value-added tax. Practical significance of this work lies in the accumulation by the author of the lawyer's practice in dealing with frauds with export VAT. Despite the high latency of the crime in question, the author emphasizes the high social significance of countering and preventing such crimes, especially complicated by a cross-border nature. The generalized practical experience of the author on this issue, presented in this article, can be useful both to representatives of law enforcement agencies and legal scholars for developing specific mechanisms and methods for preventing and combating the unjustified return of value-added tax.
Economic Problems and Legal Practice. 2020;16(1):152-154
pages 152-154 views

Economic crime in the context of digitalization

Manukyan A.

摘要

A new stage in the development of mankind is the process of globalization of technology and the integration of innovative achievements in all spheres of society. The digital economy is a qualitatively new medicine and education, these are comfortable living conditions in cities, convenient digital services and public services. Along with the positive consequences, widespread digitalization can affect crime growth. Economic crime is an inseparable attribute of digitalization. The article analyzes the process of committing economic crimes in the context of digitalization. The author reveals some modern problems associated with the use of digital technology in the commission of economic crimes, which poses a threat to the economic security of the state. In this regard, methods are proposed to increase the efficiency of crime investigations in the economic sphere.
Economic Problems and Legal Practice. 2020;16(1):155-156
pages 155-156 views

Some problems of criminal responsibility for theft (retrospective and modernity)

Bazarov P., Pyankov M.

摘要

Relevance, task. The level of relevance and scientific and practical significance of criminal-legal and criminological problems of countering property crimes in our country is conditioned by negative quantitative indicators. Criminological data show that property crime prevails in the overall structure of crime at the national level, of which theft swells a significant proportion. Internationally, our country occupies one of the highest places about the number of recorded thefts per 100,000 people. The composition of property crimes and criminal responsibility for the commission of attacks on other people's property, including theft, are provided in Chapter 21 «Crimes against property» of the Criminal code of the Russian Federation. The scientific article presents the results of a comparative legal analysis of the above-mentioned criminal law and the former Criminal code of the RSFR of 1960, the study of scientific literature, international legal documents, official documents of the Constitutional Court of the Russian Federation, random expert surveys of scientific and educational workers from among criminal law specialists and law enforcement officers. This has revealed a number of criminal problems on liability for property crimes, which have led to the formulation of some theoretical conclusions and legislative proposals. Conclusions and suggestions. Taking into account the current and past legislative experience that took place in the Criminal code of the RSFSR of 1960, international legal acts, decisions of the Constitutional Court of the Russian Federation, the study of the opinions of experts in the field of criminal law theory and the practice of its application in a scientific article, some conclusions are formulated. For example, the unreasonableness of legislative decisions to establish significant differences in the regulation of criminal responsibility for theft depending on the form of ownership of stolen property, the inadmissibility of repeating legislative errors when in accordance with art. 93.1 the Criminal code of the RSFSR 1960 for theft on a particularly large scale was provided for the penalty of capital punishment - the death penalty, the unreasonable recognition of property as the object of theft and other property crimes, because their property is not harmed, the victim does not lose ownership of stolen property. In addition to the article, the draft proposals for the legal nature of the law on the exclusion of the death penalty from the current criminal law, on amendments to the title of the chapter «Crime against property», setting it out in the next edition: «Property crimes».
Economic Problems and Legal Practice. 2020;16(1):157-162
pages 157-162 views

Delineation of non-reporting of a crime from other related crimes

Krutikina Y.

摘要

The article highlights the features of the crime under Art. 205.6 of the Criminal Code «Failure to report a crime». Other crimes are analyzed that contain features similar to a failure to report a crime that can be committed both through action and through inaction. The grounds for their differentiation are proposed. The author's position is expressed on the possibility of qualifying the crimes considered in conjunction with the failure to report a crime.
Economic Problems and Legal Practice. 2020;16(1):163-167
pages 163-167 views

Tendencies of crimes concerned with the illegal absorption of legal entities (raiding)

Zagitova E.

摘要

The unstable economic situation leads to increased criminogenicity of economic relations. In the framework of this study, the author sets the goal to identify key trends related to the modern aspects of illegal acquisitions of legal entities (raiding). It is noted in the work that recently the crimes under consideration are more often committed by persons with high qualifications and support, which necessitates a more active involvement of relevant specialists in the investigation of crimes. The author also reveals that the lack of financial stability of the subjects of the Russian market of small and medium-sized enterprises forms from them a convenient target for corporate capture and is an additional source of the risk of raiding in the Russian regions. The practical significance of this study lies in the possibility of using its findings by the leadership of small and medium-sized enterprises as a guideline in the development of preventive actions aimed at minimizing the risks of illegal absorption. The results of this study can also be used to improve existing policies to support small and medium-sized enterprises in the regions.
Economic Problems and Legal Practice. 2020;16(1):168-170
pages 168-170 views

About investigative errors related to the participation of a witness in the investigation of a criminal case

Zakharova V.

摘要

In this article, the author aims to prove the need to respect the rights of a witness as a participant in criminal proceedings, and also considers some shortcomings of this area of investigative activity. The author gives the legislator's point of view on this problem, as well as the author's opinion. Based on the examples given from the investigative practice on the problem under study, as well as the work of scientists, conclusions are made about typical shortcomings in the production of investigative and other procedural actions with the participation of witnesses. This article will be of interest to students of law faculties, as well as scientists and practitioners.
Economic Problems and Legal Practice. 2020;16(1):171-174
pages 171-174 views

About scientific and methodological support of psychophysiological examination with the use of polygraph

Aminev F., Aminev A.

摘要

The article considers the possibilities of modern types and types of forensic examinations, among which special attention is paid to one of the types that are not sufficiently recognized by the judicial community - forensic psychophysiological examination using a polygraph. The problems of procedural validity of this type of expertise are shown. Examines questions of scientific-methodical support of the psychophysiological examination using a polygraph (SPREP). The analysis and evaluation of the scientific validity of this examination are made, and the ways of solving the problem of using it as evidence are shown. Recommendations for the development of SPFEP have been developed, and prospects for objectification of psychophysiological research using a polygraph have been shown by scientists Of the center for psychophysiological examinations of Bashkir state University.
Economic Problems and Legal Practice. 2020;16(1):175-178
pages 175-178 views

Method for identification and recognition of a forget from a digital form (images) production of documents using a plotter

Allaberganov A.

摘要

The author’s research method and an algorithm for processing, obtaining images and recognizing text (text information) by the video spectral and video microscopic research method using the Forensic Multifunctional Complex (CMC) using forensic software have been developed. An author's method of research, recognition from digital form (image) - documents (letter details) made using a plotter, highlighting text elements and recognizing objects and their parts, identifying falsification (falsification) of a document, text characters in electronic format (digital form) is proposed which is able to significantly improve the quality of technical and forensic research.
Economic Problems and Legal Practice. 2020;16(1):179-183
pages 179-183 views

Specific features of the organized crime investigation in the field of motor vehicle theft and gaps in the regulation of criminal liability for the commission

Prosochkin A.

摘要

The task. The article states that stolen vehicles in modern realities are increasingly used as «currency» in order to finance terrorism or transnational organized crime. This determines the special actuality of vehicles theft in our time. Conclusions. After analyzing the statistics of recent years (from 2014 to 2019), it is clear that every year there is a decrease in the number of registered cases of vehicles theft, while the crime detection remains at the same low level. The sphere of motor vehicles theft belongs to organized crime. There are always ways to bypass the protective mechanisms of cars. If there is an «order» for a car, it is almost impossible to prevent or stop theft activities. The practical value. A number of problems arise when considering methods of investigation for emerging investigative situations. Some crimes are classified as theft; the interaction of divisions and departments of the Ministry of Internal Affairs of Russia is not at the proper level; the investigation does not use all the available technical and information potential of our time. An effective change in the described situation for this type of crime is in the tightening of judicial practice in this area. Social consequences. The main purpose of vehicle theft «customized» is the taking transport apart to receive remuneration for the return to the owner or sale in the criminal market of vehicles. The structure of transnational organized groups includes corrupt public officials whose role is to legalize their criminal finances and avoid responsibility for criminal acts committed and their concealment. The structure that deals with the vehicles theft most often includes employees of the Interdistrict Registration-Examinational Office STSI, who assist in the «laundering» of stolen cars. The value. At the moment, the investigation of crimes related to the theft of vehicles is chaotic, random and it is impossible to change the situation for this type of crime without the implementation and introduction of the proposals specified in the article.
Economic Problems and Legal Practice. 2020;16(1):184-186
pages 184-186 views
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