Vol 16, No 3 (2020)

The article consider a number of discussion issues related to the implementation of the Russian state industrial policy. Having analysed the current state of the domestic metallurgical industry, it is revealed a number of problems. The authors proposed measures to develop state policy in the conditions of modern trends in the metallurgy. The subject of the study is the organizational and economic relations that arise in the metallurgical complex at the macro level and ensure the implementation of the state industrial policy. This direction was studied by Abramov R.A., Sokolov M.S., Deev A.A., Baranova I.V. Greenberg R.S., Minakir P.A., Osipov V.S., Popys V.V., Stephanchuk E.N., Revinsky L.N. The aim of the study is to develop recommendations in order to increase the efficiency of the industrial policy in the field of the metallurgical complex of the Russian Federation. The methodological basis of the study was dialectical, formal-logical, historical and comparative methods, systemic and structural approaches, analogy, method of analysis and synthesis. Conclusions and significance: the use of the proposed theoretical recommendations will increase the efficiency of the sindustrial policy, will contribute to the intensification of the reform to create a competitive, high-tech metallurgical complex, which in turn will ensure the revival of production, create favorable conditions for investments in the real sector and serve as a basis for strengthening the socially oriented market economy.

The object of the study is socially responsible investment. The purpose of the work is to analyze and generalize the foreign experience of the participation of pension funds in this investment. Research methods - methods of economic analysis, comparative approach. Results of the study: clarification of the definition of socially responsible investment, disclosure of the forms and mechanisms for the participation of pension funds in socially responsible investment. Scope - the generalized experience of participation of foreign pension funds can be applied in our country. The novelty and significance of the article lies in the fact that it disclosed possible forms of participation of pension funds in socially responsible investment through: developing appropriate investment policies; using ESG principles to assess the quality of management in the fund; screening applications to search for companies that incorporate ESG principles in their operations; support of these companies with their investment strategy (through direct investments in certain projects of these companies, through the purchase of bonds issued by these companies); exclusion of objects for investments that do not comply with ESG, etc.

The subject of the study is the mechanisms for stimulating the pension savings of self-employed citizens of Singapore. The goal is the adaptation of Singapore's positive experience in organizing pensions for self-employed citizens to Russian conditions. In the course of work, comparative analysis and synthesis of theoretical and practical material were used; methods of empirical research (comparison, collection and study of data). When processing and systematizing information, grouping methods and a systematic approach were used. Results. The expediency of using the mechanism of variability of insurance contributions to the Pension Fund of the Russian Federation, depending on the age of the insured and the application of tax benefits for insured self-employed citizens participating in voluntary pension schemes, is justified.

Introduction. The main driver of economic growth in the process of integration of countries within the Eurasian Union is the activation of investments. One of the incentives in this area is the valuation of assets and business. To ensure freedom of movement of valuation services within the framework of an integration association, uniformity of cost measurement is required. The article considers the problem of standardization of valuation activities in the context of the development of integration processes. To increase investor confidence, both from outside and in the member countries of the Eurasian Economic Union, it is necessary to develop common approaches to the standardization of valuation activities. We propose a solution of the urgent task of developing theoretical and methodological foundations for standardizing valuation activities in the context of Eurasian integration, as well as developing practical recommendations for harmonizing the system of standards in the Russian Federation and the EAEU countries. Materials and methods. The article uses the laws and regulations of the Russian Federation, the Eurasian Economic Commission, regulating the foundations of valuation activities, as well as foreign standards of valuation activities, information and analytical materials of Russian and international scientific publications, and regulatory acts of European Union countries in the field of valuation activities. Results. Based on the proposed principles and key criteria for harmonizing valuation standards in the Russian Federation and the EAEU countries, an algorithm has been developed for the gradual harmonization of valuation standards in the Eurasian Economic Union, including guidelines for the formation of a single market for valuation services in the EAEU. Conclusions. The proposed theoretical and methodological foundations for harmonizing valuation activity standards can be applied by the regulator of valuation activity in the Russian Federation and EAEC countries, which will create a universal updated system of valuation activity standards, a unified valuation services market and lay the foundation for their harmonization with existing standards in the European Union countries.

The World today is facing a pandemic and countries are trying to optimize their behavior strategies. The main tool of struggle is quarantine. To model the scale of an epidemic, it is necessary to estimate the reproductive number R0, defined as the expected number of cases of infection. It is proposed to interpret R0 as a denominator of geometric progression, since the most infectious person becomes at the end of the incubation period, which on average is 5 days. During the same time, the number of infected people approximately doubles. The quarantine composed of two incubation periods in China was successful. It took three incubation periods to reduce the number of active cases in Italy. Russia has not yet overcome the predicted boundaries of isolation measures, so the effectiveness of quarantine is in the focus of attention. The effectiveness of quarantine measures can be evaluated by selecting the reduction of R0 as the optimization criterion. The method of bringing the initial data for countries to zero, i.e. to the appearance of a «zero» patient, is shown. Then the effectiveness of the restriction period is estimated in the change of R0 at the edges of the time series, which makes it possible to predict the timing of the end of epidemics.

This article is devoted to the problem of choosing an effective method of portfolio generating for the Markowitz portfolio theory model. The main task is to find the method that is least demanding on computing power and provides the widest possible distribution of shares in portfolios. Several methods for achieving the task are considered and their assessment is carried out. As a result of the study, the most effective approach to portfolio generation was the method of calculating each subsequent share of paper in the portfolio, taking into account the previous one. An analysis of the distribution of shares and the rate of calculation of this method was carried out, and a way for improving was proposed.

Purpose. The purpous of the article is to study the problem of ensuring the safety of real estate pledged under a mortgage agreement, which was insufficiently regulated by the civil legislation of the Russian Empire of the XIX - early XX centuries. Methodology. The methodological basis of the work are the principles of research - historicism, objectivity, interconnection and interdependence of state and legal phenomena; in addition, such general scientific methods as analysis, deduction, comparison, as well as special methods of legal science - a comparative legal method and a concrete historical approach were used in the work. Conclusions. The conducted research allows drawing a conclusion that Russian legislation at the 19th and early 20th centuries did not sufficiently take into account the risks that pledge holders faced when concluding a mortgage agreement. This was especially true of the problem of ensuring the safety of mortgaged property. As the judicial practice of this period shows, the mortgagors sometimes committed actions that led to a decrease in the value of the mortgaged property, thereby causing significant damage to the property interests of the mortgagees. This problem was especially acute when mortgages were collected, property was sold at public auction, and the proceeds from the sale of estates did not fully cover the mortgagor's debt. Gaps in the legislation in the area of regulation of mortgage relations were to some extent offset by the judicial practice of the Civil Cassation Department of the Governing Senate of the Russian Empire, which allowed not only to accumulate considerable experience in resolving such cases, but also to determine further way to improve Russian legislation at the XIX - beginning of the XX centuries. Practical significance. Since the problem of ensuring the safety of property that serves as collateral for a loan agreement is still relevant today, the study of pre-revolutionary experience in this area is of both scientific and practical interest. Conclusions about the historical experience of solving the problem of ensuring the safety of mortgaged real estate can be used for teaching legal disciplines, as well as in the direction of improving modern Russian legislation and judicial practice in the field of regulation of mortgage relations.

The purpose of the presented research is to analyze the current state and prospects for the mutual influence of digitalization and law. The author of the article considers law as a «guide» of digital technologies in two areas, namely public administration and economy, which predetermined the research objectives: to examine the relationship between digitalization, law and public administration and to characterize the interaction between digitalization, law and economics. The author emphasizes that modern technologies create new conditions and factors for the emergence and termination of social relations and reflect in new phenomena of our time. According to the author, the ongoing challenges and emerging requirements and demands affect the legal environment, and digital processes are turning in legal forms and getting enshrined in law. The presented research concludes that the law provides public policy on the development of digital technologies and informatization in public administration and the economy. It is also noted that the law in the conditions of digitalization ensures the development and implementation of the ideas of the «service» and «digital» government, that combine the external and internal spheres of public administration, which is reflected in special by-laws like strategies, priority programs, concepts and some federal laws. Digitalization creates new forms and means for acquiring, changing and terminating the subjective rights and legal obligations of participants of the civil life, where the law retains its regulatory and protective functions, but transforming their content. In conclusion, it is noted that the processes of mutual influence of law and digitalization have not only practical but also theoretical significance.

Based on the «amendment» constitutional idea of establishing cities of permanent residence of certain of the federal bodies of state power in the Russian Federation, potential applicants for such a status are considered. The experience of foreign federations concerning the possible location of higher authorities outside their capitals is analyzed. It is concluded that in the normal mode, the federal judicial authorities differ in their non-Metropolitan location. This, in the author's opinion, is an additional argument in favor of the independence of the federal courts and their judges.

The article analyzes the features of legal regulation of the implementation of the principle of obtaining voluntary informed consent during genetic research. The study of the principles of legal regulation of genomic research allows us to form an ethical and legal concept of legal regulation of genomic research. The conclusion is reasoned that, in General, the regulation of domestic legislation for obtaining informed voluntary consent corresponds to generally accepted international practice. Changes are proposed to improve the current legislation.

The article is devoted to the analysis of structural features of holding companies in the Russian Federation. It is established that there are quite a variety of modern holding structures. Such a variety is justified enough, since holding structures are changed and updated annually. Such processes are necessary for the purpose of economic benefits for owners of holding structures.

The purposes of this article is to analyze the legal relations that are developing in the field of legal regulation of competition and the practice of their application. The main emphasis in the work has given on the sources and principles of legal regulation of competitive relations. The article provides a comprehensive analysis of the norms of the Constitution of the Russian Federation, the Federal law of the Russian Federation «On protection of competition», analyzes a number of opinions of scientists in the field of research, as well as the provisions of other regulatory legal acts regulating competition relations. In addition to domestic legislation, the paper focuses on international legal regulation of competitive relations. In particular, it has concluded that due to unfair competition, the law of the country whose market is affected or may be affected applies. In this paper, the author considers the principles of legal regulation of competition to be ensuring freedom of competition, supporting existing competition in the field of competitive relations, preventing actions related to the abuse of freedom of competition, as well as integrity. Summing up, the article defines that the protection of competition is a priority for the legislator in the legal regulation of competitive relations, and state intervention in these relations is strictly limited.

The article reveals the main issues of legal regulation of works of folk art, which are one of the most vulnerable forms of art and design, constantly subject to borrowing by representatives of the fashion industry, accessories, as well as professionals of graphic and industrial design. Without a common understanding of what methods and approaches should be used to protect traditional cultural expressions and which of them can be protected in general, modern authors and representatives of small peoples, who maintain their cultural heritage, find themselves face to face with a problem of legal protection. The author examines the precedents of such borrowings and draws conclusions about the protection measures for regulating this issue at the international level.

The article is concerned with the analysis of the specificities of regulation of legal relationships between the participants of the process of conclusion and execution of contracts based on the marketplace model. The article provides a general description of a business model for the marketplace, as well as the benefits that each side of the legal relationship receives when collaborating on such a model. The specifics of the legal design of the relations of the parties to the transaction are analyzed, the plurality of methods for legalizing the relations of the parties according to the marketplace model is indicated. A detailed description of which contracts are concluded between the parties to a transaction most often and what legal consequences leads to the conclusion of these transactions is given. The article also describes the benefits of an economic and tax nature that an entrepreneur receives from doing business using the marketplace model and which stimulate the widespread adoption of such a business model. From different perspectives, the issue of the intermediary’s responsibility to the client for the damage caused to him when concluding agreements on the marketplace model is analyzed. Firstly, legal relations are analyzed from a formal point of view, based on a literal interpretation of the agreements concluded with the client. In this case, it is possible to conclude that there are no grounds for holding the intermediary liable for damage caused to the client. Secondly, legal relations are analyzed based on the essential analysis arising between the client, intermediary and contractor. In this case, the responsibility of the intermediary can be interpreted more broadly. An example is examined from actual judicial practice, which shows the priority of the essential approach over the formal one. Evidence of the need for a more detailed doctrinal study and legislative regulation of the liability of intermediaries involved in the remote conclusion of contracts is provided.

The article is devoted to the formation of an idea of the basic approaches to the concept of financial planning, its significance in crisis situations. The purpose of the article is due to the presence of problems in understanding financial planning, which is valuable both in terms of managing personal finances of citizens and business entities, and state funds of funds. The article talks about the need to develop a clear system of using monetary resources to resolve relations, which in one way or another have been affected by the negative consequences of crises of different years of a financial and epidemiological nature. Attention is paid to aspects of the economic stability of the state, the maintenance of which is possible with high-quality compilation of socio-economic forecasts and the implementation of sound financial planning. The author emphasizes the need to pose the methodological problem of assessing possible risks for modeling positive or negative circumstances in the implementation of financial planning. Particular attention is paid to the issue of strategic management in the Russian Federation, the powers and procedure for interaction between state authorities and local authorities in the implementation of activities related to strategic management in general and financial planning in particular. The author compares the concepts of financial planning and strategic planning, analyzes the regulatory legal acts that consolidate the foundations of financial and strategic planning in the Russian Federation, constituent entities of the Russian Federation and municipalities. The principle of balanced strategic planning system and the principle of balanced budget are analyzed and compared. It is concluded that financial planning in a general sense can be understood as the process of implementing financial policy associated with modeling positive and negative situations that require appropriate financial resources to maintain or eliminate them.

The paper examines the existing mechanisms for implementing investors ' rights.. The purpose of the study is to assess the level of effectiveness of legal remedies .individuals engaged in financial transactions on the international over-the-counter Forex market. The article analyzes the order of regulatory regulation, judicial practice in civil and criminal cases, and international aspects of preventing crimes on financial markets. Trading on the Forex market is becoming increasingly popular and is perceived by many novice traders as a serious financial activity. However, when considering civil cases, such investors are denied judicial protection, equating Forex trading with gaming activities. Financial markets experience a large number of criminal attacks, as a result of which citizens are deprived of assets, money and real estate. In this regard, it is necessary to effectively solve the problems of state economic policy, which implies the creation of a favorable investment climate and a state of security. Crimes in the financial sphere are complex, require a long investigation, and do not always lead to the restoration of violated property rights of victims. Based on the results of the research, conclusions are drawn about the need to improve legislation and mechanisms for protecting the rights of investors in financial markets. The results of the research are valuable for practicing lawyers, students, and teachers of educational institutions.

The article is devoted to the analysis of harassment in terms of its criminal law assessment. Based on a synthesis of sources in the field of international law and the criminal law of foreign countries, the author formulates the concept of harassment and draws analogies with the terminology used by the Russian legislator in relation to coercion to acts of a sexual nature. Purpose of the article: the author sets as his goal a study devoted to the urgent problem of harassment in Russia. The purpose of the article is also to analyze international legal norms, and the current domestic legislation on the subject of the possibility of improving the criminal law mechanism to counter the manifestations of «harassment» in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as a method of interpreting legal norms. Conclusions: as a result of the study, the author concludes that it is necessary to reform the Russian criminal legislation for effective protection against harassment. The author concludes that the state of the current domestic legislation does not allow criminal-law opposition to the manifestations of “harassment”, since the range of actions covered by this term is wider than that used in Art. 133 of the Criminal Code of the term “coercion to acts of a sexual nature”. The author notes that with all attempts to reform legislation in this area, none of the initiatives received approval. The main problem, according to the author, is that the RF has not yet ratified the main international document to combat harassment - the ILO Convention. The author concludes that the perception of international experience in this matter will contribute to the effectiveness of ongoing reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.

The article discusses the concept of syndicated loan. There are analyze of main remedies of criminal law. Existing deficiencies in the legislation are revealed. The ways of improving legislation in the field of protection of personal, public and government rights.

The purpose of the study was to examine the challenges of using information tools to counter the spread of terrorist threats in the global media space. Objectives of the study: combating terrorism is now one of the main tasks of ensuring the national security of the State. In modern Russia, the spread of terrorist threats is due to exacerbations of political, ethnic and religious extremism, which pose a danger to the interests of the individual, society and the State. Today, a large part of young people, without receiving answers to their life problems, have increasingly resorted to finding themselves, life goals and interests by engaging in radical and terrorist ideas, whose propagandists are only waiting to adapt to the interests and demands of young people to conduct subversive and recruiting activities there, encouraging users to adopt radical views. In order to localize the ideology of terrorism and neutralize its negative impact on the minds of the population, the coordinated and effective work of law enforcement agencies and state, regional and municipal administration by all available means is necessary. Conclusions: the spread of terrorist threats in the global media space is now considered the most dangerous. Modern means of mass communication in combating the spread of terrorist threats in the media space are twofold: on the one hand, they can become an instrument for terrorists to achieve their goals, on the other hand, in the hands of the State, a means of combating this social evil.

The development of the banking system has a positive effect on the economy in the Russian Federation. This process also affects the quality of life of citizens who can turn to a wealthy organization for money. The use of a credit system increases the level of well-being of the population and should be supported not only by the subjects of financial legal relations, but also provided by public authorities. The availability of credit leads to a significant increase in crime in this area, which is primarily reflected in the increase in cases of fraud. The purpose of this work is to analyze the institution of criminal liability for credit fraud in the Russian Federation, taking into account existing legal and financial realities.

The article deals with the specifics of monitoring those sentenced to alternative sentences of imprisonment who are charged with the duty in accordance with article 72.1 of the Criminal code of the Russian Federation. The purpose of the research is to analyze statistics and experience in the application of this rule of criminal law, to make proposals for improving the legislative regulation of the application of the obligation imposed in accordance with article 72.1 of the Criminal code of the Russian Federation. In the course of this work, it is possible to come to the conclusion that it is necessary to review the rules governing the liability of convicts with the obligation to undergo treatment for drug addiction, medical and (or) social rehabilitation.

The authors consider a number of urgent problems of legal regulation of the status of witnesses in criminal proceedings. The article proposes to include additional prohibitions (incapacity, limited legal capacity, the presence of physical and mental disabilities that impede the identification of the progress and results of an investigative action, the state of intoxication) and requirements (Russian citizenship, knowledge of the language of the court) to persons involved as witnesses. The authors note that the prevailing practice, which admits accepting the involvement of relatives as witnesses (husband-wife, father-son, brothers, etc.), is contrary to the current law. However, since the legal restrictions on the participation of witnesses-relatives in the case are excessive, the article substantiates the proposal to exclude these prohibitions from the current criminal procedure law.

In this article, the author considers the functional guidelines of the procedural management of the preliminary investigation as a result of the activities of the leaders of the investigating authority, and also shows their significance for the theory of the criminal process and the practice of criminal investigation.

The purpose and objectives. The main goal is to show the key problems of international legal regulation of protection of the rights of Paralympic athletes in the aspect of Sports arbitration court and courts of General jurisdiction when considering the cases on violation of the rights of Paralympic athletes of Russia. Methodological approach. The main methods of this work are comparative legal, comparative analytical and legal interpretation methods. Results and conclusions. The article identifies the main key issues related to the activities of the international arbitration body-the court of arbitration for Sport and courts of General jurisdiction in cases of violation of the rights of Paralympic athletes in Russia, as well as measures to improve state legislative policy, international protection measures in the field of improving the rights of Paralympic athletes. Originality and value. The research is valuable in view of its relevance and originality of work, which focuses on the responsibility of the international arbitration body, courts of General jurisdiction for making decisions, their objectivity and compliance with international law, human rights in the context of protecting the rights of Paralympic athletes in Russia.

On the basis of comparative legal analysis, the significance of Prosecutor's supervision over the observance of individual rights and freedoms in the implementation of operational search activities by specialized agencies is determined. The author's conclusions are based on the works of such scientists as Larina a.m., Litvinova I. V., Nikolaeva L. A., Potapova S. A., Safonov A. P., Skvortsova K. F., Shalumova M. V. and others. The conditions for conducting operational search activities are defined. The goals and objectives of operational search activities are outlined. The directions of Prosecutor's supervision over the legality of operational search activities affecting the rights and freedoms of the individual are formulated. The proposed research can be used for further study of Prosecutor's supervision, in particular, the role of Prosecutor's supervision in the protection of human and civil rights and freedoms.