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Vol 16, No 4 (2020)

Articles

The system of social lifts and social ladders in digital space: levels and steps of lowering and rising, mechanism of work and development tools, over-professional skills and personal characteristics, modern trends, personnel policy

Popkov S.Y., Kiriukhin S.V., Smirnov V.M., Vashalomidze E.V., Yastrebova E.V.

Abstract

The article is devoted to the study of the transformation of the system of «social lifts» and «social ladders» in the modern world in the context of the rapid development of digital technologies, as well as the issues of their functioning in the digital space. For the first time, the article introduces the definition of «the system of social lifts and social ladders», expands and concretizes such concepts as «social lift», «social ladder», as well as «digital space». The article focuses on the issues of increasing the effectiveness of personnel policy in the state civil service of the Russian Federation. The main problems hindering the development of the state civil service are identified, and proposals are made to improve the efficiency of the state civil service. This article is one of the stages in the study of changes in the system of social lifts and social ladders in the context of the digital transformation of society.
Economic Problems and Legal Practice. 2020;16(4):18-28
pages 18-28 views

The role of digitalization in the formation of human capital

Surtayeva O.S., Dundik E.P.

Abstract

The main purpose of this article is to reveal the impact of digital technologies on the formation and development of human capital, to clarify some of the provisions of its General theory and to make appropriate critical comments. The article is based on the study of literary sources presented in the open press and on specialized websites of the Internet. As a result of the research, it was shown that the impact of digitalization on the company's employees can be direct and indirect. The first has a direct impact on its physical or mental state, which is otherwise impossible to implement; the second-creates conditions that facilitate the formation and development of human capital and has an infrastructure character. The article suggests that the active introduction of digital technologies may lead to the emergence of «digital capital» based on artificial intelligence and its replacement in a relatively limited scale of human capital.
Economic Problems and Legal Practice. 2020;16(4):29-33
pages 29-33 views

About a new analytical approach to studying the states of economic systems

Anishchenko A.V.

Abstract

The article presents the results of the work, which are based on a generalization of both practical, experimental and analytical experience in studying the properties of macroeconomic systems in previous periods of development of modern science. It presents an account of the initial theoretical assumptions and provisions of the new hand out of classical economic theory named by the «analytical economy».
Economic Problems and Legal Practice. 2020;16(4):34-37
pages 34-37 views

Capital outflow - a systemic threat to the sustainability of ensuring the economic security of Russia

Anishchenko E.V.

Abstract

The global trend of the globalization of the economy and the increasing integration of national economies into global financial and economic processes are increasing the opportunities for the participation of all countries, including the Russian Federation in the international division of labour and foreign economic activities. At the same time, along with the positive consequences of the implementation of these trends, serious, constantly growing problems arise that significantly complicate the development of the Russian economy. One of these «chronic» problems is, in particular, the «capital outflow», which in turn is a threat to the economic security of the country.
Economic Problems and Legal Practice. 2020;16(4):38-42
pages 38-42 views

Analysis of development prospects and competition of Bank ecosystems in the context of digitalization

Ivanova O.A., Smirnova N.V.

Abstract

The purpose of the study is to analyze the trends in the formation of ecosystems in the leading domestic banks that are most actively moving in this direction. The authors carried out a comparison of them with the ecosystem of Internet companies and public authorities. Changes in business processes under the influence of the digital revolution are becoming more and more obvious and inevitable. The response to these changes creates a new role and a new positioning of banks. The authors consider the most successful models and offer recommendations: practical - for banks, theoretical - for understanding the unfolding processes.
Economic Problems and Legal Practice. 2020;16(4):43-47
pages 43-47 views

Small and medium enterprises development strategy in the digital economy system

Evtyanova D.V., Kasymov A.B.

Abstract

In the context of the economic crisis caused by the pandemic of the new coronavirus infection COVID-19 small and medium businesses suffered the most. These enterprises are the key in ensuring overall economic growth. The purpose of this study is to develop recommendations for improving the state strategy for the development of small and medium-sized enterprises in the digitalization of the economy. Considering the functioning of institutions, the authors conclude that the current support measures come down to manual control. It is necessary to build a unified strategy for supporting small and medium-sized businesses, which will be based on knowledge of economic cybernetics. The dynamic model of interbranch-intersectoral balance developed by N.I. Veduta can become a digital platform for implementing a long-term strategy. In this regard, the authors propose criteria for the development and implementation of the state strategy, as well as build scenarios for the development of small and medium-sized businesses, depending on the concept of digitalization. Among them are compliance with the principle of unity of the state, small and medium-sized businesses, large companies and society, a balance of interests and indicators; priority development and support of enterprises engaged in the production of means of production; the principle of consistency of the strategy with all legal acts in the country and other strategies; the principle of consistency of goals, stages and implementation plans, scheduled by date, space and performers; the principle of dynamism and timely iterations; the principle of economic efficiency and work in the general direction of improving the welfare of the population; the principle of quantitative indicators reflecting the development of the control object in real time. The article considers two scenarios of digitalization of the economy - technical (in the interests of large IT companies) and in the framework of economic cybernetics. The authors conclude that the second approach allow for the proportional development of economic sectors and the construction of production chains of interaction between small and medium-sized businesses with large companies and the state.
Economic Problems and Legal Practice. 2020;16(4):48-54
pages 48-54 views

Marking of seedlings and harvested wood in digital monitoring system of Russian forests

Bulgakova M.A.

Abstract

The traceability mechanisms of wood harvesting and supply chains, environmental crimes, illegal logging, as well as the marking of forests, have been the subject of research in the last decade by domestic and foreign specialists in various fields of knowledge, including lawyers, economists, engineers, etc. In the era of the development of digital technologies, their use significantly contributes to the effectiveness of the activities of control and supervisory and law enforcement agencies. However, it is still not possible to form a system of up-to-date data on the state of Russia's forests, eradicate the facts of illegal actions with wood, optimize the process of tracking supply chains and reduce production costs without reducing product quality. The article revealed differences in theoretical approaches to the definition of the concept of «tracking system» in Russia and abroad. In addition, the analysis of the applied methods of marking harvested wood allowed the author to distinguish chipping using RFID - marks (radio frequency identification) as a modern method that allows not only to automatically identify an object, but also to exercise control over movement without providing direct visibility with it. In the conclusion of the article, the author presents a conceptual system for monitoring the state of the forests of Russia, formed on the basis of the EGAIS platform. It is also noted that the intended architecture of the system should have the ability to track the product in real time precisely in the forest, as well as outside it - from suppliers and manufacturers who can use this information to make business decisions. An ideal version of the functionality of the tracking system is presented as the ability of the consumer through a mobile application to obtain information about the product in accordance with the logic and logistics chain (from the place where the tree grows - the rock - the age of the cutting - the harvester - the manufacturer).
Economic Problems and Legal Practice. 2020;16(4):55-60
pages 55-60 views

Countervailing risk management in the forest sector through exchange-traded instruments: condinions and development prospects

Bulgakova M.A.

Abstract

For the world community, 2020 marked the beginning of change on a global scale. Pulmonary disease epidemic, which spread at a lightning speed throughout the globe, not only exposed the negative aspects of globalization, multicultural society and single economic plateaus, but also provided opportunities for the formation of new trends in economic management. In isolation, positive dynamics were observed in areas with on-line trade opportunities, and negative in traditional energy markets. In this regard, the author carried out a comprehensive analysis of the financial instruments used on the exchange, which made it possible to form a comparative characteristic of hedging, option, futures, derivative and forward. The relationship between the values of wood and the forest area on which it grows has been established and presented by the inequality system. Methods of compounding and discounting are considered in detail, on the basis of which a mechanism for determining the net present value of the cost of growing forest plantations as a capital benefit is proposed. The author gives a calculation of the costs of growing ordinary pine seedlings, and a comparison of the weighted average interest rate on deposits (in rubles) and average inflation, made it possible to prove the investment attractiveness of forestry not only for private business, but also for the state. The study provides an overview of the practices of leading «forest» States on interest rates applied to forest investment. In the conclusion of the article, the author concludes that compensatory risk management in the forest industry is possible using the hedging mechanism of measures by concluding forward contracts for the cultivation of seedlings of a certain tree species.
Economic Problems and Legal Practice. 2020;16(4):61-67
pages 61-67 views

Decent level of pension provision of citizens of the Russian Federation: current state, search of criteria and social trends

Esaulkova T.S.

Abstract

The object of the researching is the pension provision of citizens of the Russian Federation. The purpose of the work is to analyze the current level of pension provision for Russian citizens in the system of compulsory pension insurance and non-state pension provision, to propose criteria and social guidelines that reveal the concept of «a decent level of pension provision». Research methods - methods of economic analysis, economic-statistical methods. Results of carried out researching: clarification of criteria of pension provision, formulation of criteria for a decent standard of living for pensioners. Application area: improvement of the pension insurance system and increasing of the level of pension provision of citizens of the Russian Federation. The novelty and significance of the article lies in the fact that in it analyzes the current state of pension provision of citizens of the Russian Federation, the disadvantages of applying the pensioner's subsistence minimum to the assessment of this security are shown, as well as the coefficient of replacement of lost earnings by a pension, substantiated the need to adopt as the main criterion for the development of pension provision minimum (recovery) consumer budget, and for pension provision of representatives of the middle class - development budget.
Economic Problems and Legal Practice. 2020;16(4):68-73
pages 68-73 views

Potential of the Russian Federation in the medical tourism

Voskanian R.O., Chuprova A.Y.

Abstract

The purpose of the study is to identify the main steps required to increase the potential of the Russian Federation in the field of medical tourism. To achieve this goal, the authors solved such problems as an overview of the current state of the world medical tourism market, an assessment of the positive and negative aspects of the state of medical tourism in the Russian Federation. Results. Well-developed medical tourism can play an essential role in the formation of the revenue side of the state budget, especially if the conditions for increasing the volume of domestic medical tourism are met. For a correct assessment of the effectiveness of medical tourism, it is advisable to keep a separate record of medical tourists - foreign citizens for whom receiving medical care is the main or an accompanying purpose of staying in the Russian Federation, and citizens of other states who have arrived in the country to earn money, their family members that receiving paid medical services. It is also necessary to amend the current legislation on health care to determine the legal status of a medical worker and make medical professional liability insurance mandatory.
Economic Problems and Legal Practice. 2020;16(4):74-78
pages 74-78 views

Some problems of the development of modern social policy in the Russian Federation

Volskaya T.E.

Abstract

The aim of the research is to reveal the most acute problems of modern Russian social policy, namely the problem of fighting poverty and reforming the health care system. The study used methods of labor Economics, in particular, methods of measuring the level of poverty. The main results of the study are disclosed in the proposals to combat poverty and reform domestic health care. The results of the study can be used in the development of further steps in the fight against poverty, as well as in the reform of the health system. The novelty of the work is due to the fact that the author of the article made an original attempt to clarify the little-studied question of trends, problems, difficulties in the development of social policy in modern Russia and, in his opinion, acceptable options for its financing in the context of the COVID-19 coronavirus pandemic.
Economic Problems and Legal Practice. 2020;16(4):79-83
pages 79-83 views

Directions of development of the theory of property in the conditions of digitalization of society

Loseva O.V., Fedotova M.A.

Abstract

Introduction. All structural socio-economic transformations involve property relations. The complexity of the market economy in the era of digitalization, the desire of economic agents to create new, effective models of management with the participation of public and private capital is accompanied by the activation of transformational processes of property relations. There is a need for appropriate theoretical research on the problems of property that meets the interests and needs of the digital society and, first of all, it is necessary to determine the direction of development of the theory of property, focused on ensuring a technological breakthrough in the economy. The article sets and solves the following tasks: 1) the needs of the subjects of property rights in the digital society are identified; 2) new digital objects of property relations associated with intellectual property are identified, and the problems of their introduction into civil law circulation are identified; 3) the directions of development of the theory of property in the conditions of digitalization of society are allocated. Materials and Methods. The article uses the materials of the fundamental research work of the financial University, the results of statistical analysis of the problems of the digital economy conducted by the Higher School of Economics, the data of Federal projects implemented under the national program «Digital economy of the Russian Federation». Traditional methods of scientific cognition, comparative categorical analysis, expert assessments were used in the formation of directions of development of the theory of property in the conditions of digitalization of the economy. Results. It is proved that the General direction of development of the theory of ownership associated with theoretical-methodological issues of economic relations of ownership in which the property brings the subject to income (profits) and legal of property relations in which the subject property is the property subject to the rights of the subject. It is revealed that the satisfaction of basic digital needs of the population in Russia (access to the Internet and mobile communications, trust in the use of personal data by various organizations) is only 37%. The necessity of meeting the needs of the digital society in Russia in the legal regulation of the digital environment, the formation of personnel with digital competences in the development of information infrastructure, the effective use of digital technologies in providing information security, digitization of public services, including education and health. Digital objects of property relations, including those associated with intellectual property, and the problems of their introduction into civil law are defined. The directions of development of the theory of property arising from the identified needs of the digital society are concretized. Summary. The identified needs of the digital society allowed to form actual directions of development of the theory of ownership, which can serve as a scientific and methodological basis for the formation of the institutional environment of the digital society and ensure a technological breakthrough in the economy.
Economic Problems and Legal Practice. 2020;16(4):84-91
pages 84-91 views

Development problems and ways to stimulate patent activity of Russian organizations

Tarasova M.I., Smirnov I.S., Markhgeym M.V.

Abstract

The article assesses patent activity in the Russian Federation as a competitive state in the intellectual property market. The authors note the factors that affect the development of the intellectual property market, allowing to identify problems and develop ways to improve patent activity, and also emphasize the relevance of its assessment in Russia and the relationship with the intensity of world scientific and technological development. In order to identify problems in the field of patenting and determine the stagnation of patent activity, the article offers an analysis of quantitative indicators and their dynamics for applications submitted by Russian and foreign applicants for inventions and utility models of Russian organizations, including in the context of Federal districts. The negative impact of the identified problems on scientific interest in the field of technology patenting is emphasized by the authors, which focuses attention on the reasons for the risks of prohibition of activities in the field of patenting, which are the result of poor study of issues of legal and financial protection of innovative developments, as well as the low level of qualification of applicants who apply for patents. The article describes Russia's position in the ranking of countries according to the criteria of global competitiveness based on data from the Ministry of economic development of Russia. The authors reveal the causal relationships that arise between the patent activity of domestic organizations and the requirements for the scientific and technological sector established at the state level. The authors note the need to provide conditions for the stable functioning of high-tech technologies in Russia and suggest solutions to improve the country's position in the intellectual property market.
Economic Problems and Legal Practice. 2020;16(4):92-97
pages 92-97 views

Audit in the context of digitalization of the Russian economy: risks, opportunities, and limitations

Selezneva I.P., Sitnov A.A.

Abstract

Task. In order to improve labor productivity and the quality of its results, modern business scales the use of software products for working with data and robotic solutions in relation to routine operations performed by employees and requiring them to focus their attention while following a constant algorithm of work. With the rapid development of the IT industry, the transition to robotization of some operations seems inevitable, affecting various areas of economic turnover. At the same time, accounting and auditing activities are also continuously influenced by trends in the information technology market, and this can be found both advantages and disadvantages and possible limitations. Model. The methodological apparatus of audit at the present stage is based on a risk-oriented concept, which is characterized not only by the presence of risks inherent in the audit, but also by the ability to use a differentiated approach to the analysis of source data. At the same time, the future of audit is not conceivable in isolation from the use of innovative technologies. Even now, auditors conduct information retrieval procedures based on a specific algorithm for data collection and analysis, as well as apply analytical methods for processing this data, along with elements of automation of operations. Conclusions. The future development of audit can no longer be imagined without the use of modern technological solutions aimed at improving the speed and quality of information processing, the volume of which is constantly increasing. At the same time, the auditor's task is to regularly improve professional knowledge, as well as to train knowledge and skills in the use of information technologies and ensuring information security at all stages of audit activity. Of course, following the innovative path of development both in the field of audit and in other areas of economic activity requires serious changes in the legal framework, requirements for professional training, principles of work organization and the way of life itself. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at increasing the emphasis on motivating auditors to improve their knowledge and competence not only in the economic subject area, but also in other subject areas. Originality. The study conducted by the authors revealed that the new reality has changed the attitude to audit as the main research tool of business. Using this irreplaceable tool allows the organization to take a leading position, ensuring the success and prosperity of the organization.
Economic Problems and Legal Practice. 2020;16(4):98-103
pages 98-103 views

3-D cadastre in the UK and the Russian Federation: information support to and problem aspects

Kuznetsov I.N.

Abstract

The purpose of this article is to study issues related to the development and application of information technologies in the field of land accounting and distribution in the Russian Federation and in the UK. In the UK, unlike in Russia, there is no cadastre in the usual sense of the word, but at the same time there are effective economic and information mechanisms for accounting and distribution of land. UK land law does not have the concept of ownership of the land itself, but rather rights to it. They are called estates, and estates are the building block of the land information management system, not land plots. Estates are four-dimensional structures that include time as a dimension. The author concludes that although there is a mandatory land registration in the UK and proof of ownership is made by entering an entry in the land register in the Torrens style, there is no Central record of the exact location of borders. The British economy is one of the largest in the world, and the real estate market and its information support are active and efficient. Factors such as the prevalence of the rule of law, protection of property rights, good standards of corporate and professional management, as well as the openness and transparency of information systems for land accounting and distribution are essential for the effective development of the information accounting unit for economically significant indicators in both countries.
Economic Problems and Legal Practice. 2020;16(4):104-106
pages 104-106 views

Organization of legal training in educational institutions

Adaeva O.V.

Abstract

Objectives: to determine the role of educational institutions in the process of legal education of schoolchildren; to establish the place and significance of legal education in the framework of educational and extracurricular school processes; to identify the relationship of various types of education in relation to legal education; to highlight the criteria for the implementation of legal education by educational institutions; determine the content of legal educational activities at school; to designate the system of subjects of legal education in educational institutions; to analyze the problem of the level of legal training of the main subjects of legal educational activities in educational institutions; to determine the specifics of the implementation of legal education in educational institutions. Conclusions: educational institutions are of great importance in the process of formation and development of the legal culture of schoolchildren, since the initial introduction of the individual to the social and legal reality takes place in the school environment; legal education plays a significant role in educational and extracurricular school processes, since within the framework of legal educational activities at this stage of personality formation, the foundations of lawful behavior are laid (in addition, hotel authors recognize legal education as the defining and main task of general education); in general, educational work in educational institutions is an integral element of education and is carried out in conjunction with various types of education, including legal, civil, moral, etc .; the criteria for the implementation of legal education by general educational institutions are: planning, organization, controllability, controllability, purposefulness, consistency, consistency; legal educational activity at school consists of certain components, the totality of which makes it possible to qualitatively improve the level of legal consciousness of students; the system of subjects of legal educational activity in educational institutions is represented by the teaching staff of the organization, as well as representatives of various state bodies and local authorities; the level of legal training of subjects of legal education in educational institutions is low, it is proposed to improve the qualifications of these persons in the field of law; the specificity of the implementation of legal education in educational institutions is conditioned by the use of specific legal forms, means and methods by the subjects of legal education.
Economic Problems and Legal Practice. 2020;16(4):107-110
pages 107-110 views

The history of law regulation of the Russian Arctic oil development

Ivanova V.A.

Abstract

The article discusses the main laws regulated search and extraction of oil and gas in the Russian Arctic in the 20th century. The establishment of Energy Law in Russia and the main periods of oil and gas development in the Russian Arctic are demonstrated.
Economic Problems and Legal Practice. 2020;16(4):111-115
pages 111-115 views

Features of the procedure for the formation and spending of electoral funds: issues of theory and practice

Baramidze S.M.

Abstract

The purpose of the research. The purpose of this study is to demonstrate the theoretical and legal aspects of the functioning of a relatively new institution of electoral law - the electoral fund. The task of the study is to reveal the essence of this institution, simultaneously determining the capabilities of these funds, their role in the electoral process, as well as development prospects and problems affecting their activities at various levels of organization of election campaigns. The author draws attention to what normative basis the creators of such funds are guided by, the procedure for the formation and spending of funds of the above-mentioned institution is analyzed, arguments are given for its effectiveness in the current electoral process, since any election campaign is impossible without material support. Conclusions. With the main conclusions, the author confirms the opinion of researchers about the insufficient regulation of issues related to the definition of measures of responsibility for the misuse of funds contained in such funds, as well as the difficulty of defining the very concept of «electoral fund» and the lack of clarity of some regulatory provisions regarding control over their activities by the public and law enforcement agencies. The author believes that the Russian authorities need to adopt amendments to the current legislation with a view to introducing the obligation to provide a plan to the elected in terms of the reasonableness of the use of the requested funds, as well as the boundaries of such expenses, taking into account the division of the election process into certain stages and stages. If these measures are violated due to the weakness of the mechanism and the lack of elaboration of the issue of responsibility, to introduce more stringent measures, from criminal law to deprivation of repeated participation in subsequent elections of a certain level.
Economic Problems and Legal Practice. 2020;16(4):116-120
pages 116-120 views

Constitutional foundations of social entrepreneurship in Russia

Zankovsky S.S.

Abstract

The article deals with the provisions of the Constitution of the Russian Federation, as amended in 2020, related to entrepreneurship in General and social entrepreneurship, in particular. It is shown that business activity as an element of human rights and freedoms is regulated in the Basic law as the highest value, the recognition, observance and protection of which is the duty of the state according to the Constitution. It is concluded that the constitutional ban on propaganda and agitation that incite social hatred and enmity means the rejection of the Soviet approach to entrepreneurs as «class enemies», subject to conviction and criminal prosecution. Moreover, the provision of the Constitution guaranteeing the provision of social partnership, economic, political and social solidarity is among the novelties of 2020. In this case, social entrepreneurship plays a key role, since it combines the extraction of profit with the care of socially vulnerable segments of the population. Social entrepreneurship is understood in the work as one of the characteristics of the social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The article considers the freedom of entrepreneurial activity, which follows from the constitutional norm on the right to freely use one's abilities and property for entrepreneurial and other economic activities not prohibited by law. Therefore, the main provisions of civil law include freedom of contract, the inadmissibility of arbitrary interference in private Affairs, and the need for unrestricted exercise of civil rights. In this regard, it is stated that small and medium-sized businesses, if they intend to acquire or maintain the status of a social enterprise, must act in conditions of voluntary restriction of their freedom of activity in areas related to meeting the needs of socially vulnerable segments of the population. The protection of property rights proclaimed in the Constitution is particularly relevant for business, since it concerns its property base. Special attention is paid to the wording of this rule, which refers to the recognition and equal protection of private, state, municipal and other forms of property. In conclusion, it is concluded that a separate legislative regulation of social entrepreneurship is appropriate.
Economic Problems and Legal Practice. 2020;16(4):121-124
pages 121-124 views

Comparative Analysis of Foreign and Domestic Smart Contract Doctrine

Zakharkina A.V.

Abstract

Purpose of research. The article considers the approaches of foreign and domestic researchers of private law to the nature of a smart contract, its technical and legal characteristics, and the applicability of existing norms of contract and obligation law to the regulation of legal relations arising from the use of blockchain technology and smart contracts. In addition, attention is drawn to the novelization of a number of norms in Russian civil law. Thus, the emphasis is placed on the statuization of digital rights, electronic transaction forms, and self-executing contracts (part 2 of art. 309 of the civil code of the Russian Federation), as well as the adoption of the law on digital financial assets and digital currency. The purpose of the research is a comparative analysis of foreign and domestic smart contract doctrine in order to determine further vectors for improving Russian civil legislation in terms of creating legal conditions for the formation of the sphere of electronic civil turnover. Conclusions. As a result of the research, the author comes to the conclusion about the extreme difference between the foreign and domestic doctrine of the smart contract. In contrast to domestic legal scholars, foreign researchers of private law seek to adapt existing legal norms to smart contracts; explain their nature solely from the technical side, understanding them as computer code; along with the term smart contract, they use the term legal smart contract to characterize the legal side of the relevant relationship; the main focus is on improving the technical side of the smart contract, ensuring its invulnerability to cyber attacks, which creates favorable conditions for the development of a new interdisciplinary field of research in foreign jurisdictions - «digital law».
Economic Problems and Legal Practice. 2020;16(4):125-131
pages 125-131 views

The features of the legal status of small and medium-sized enterprises abroad and legal problems of implementing international experience in the Russian Federation

Korolev A.A., Kolosova V.A.

Abstract

The article attempts to identify the most significant problems in terms of legal support for development, as well as legal protection of small and medium-sized businesses. Small and medium-sized businesses are important elements of the Russian economy. Current economic conditions in the world have a detrimental impact on the financial condition of small and medium-sized businesses, which leads to their imminent bankruptcy or liquidation. Searching of decisions is a priority for the Russian Federation. The authors of this article analyze the experience of foreign countries in the field of state support for small and medium-sized businesses, as well as highlight the key points of state national projects to support businesses in countries that are the world's leading economies. The article describes the main problems of existing mechanisms for supporting small and medium-sized businesses, as well as offers additional recommendations for improving this area of state policy based on foreign experience.
Economic Problems and Legal Practice. 2020;16(4):132-136
pages 132-136 views

Concept, essence and legal nature of investments

Shpinev Y.S.

Abstract

Creating a favorable investment climate is one of the most important tasks of the economy, however, the legal regulation of investment activity in Russia has a number of serious shortcomings. The quality of legislation on investment relations depends on an objective and deep understanding of the legal nature of investments. In this regard, the author seeks to study various approaches to determining the legal nature of investments. The methodological base of the research was based on the methods of formal logic and concrete scientific methods, technical-legal and historical-genetic methods. The author's position is based on the current legislation and the opinions of legal scholars on the legal nature and essence of investments. Based on the analysis of current legislation, the author points out the problem of determining investments in normative acts and in legal science. Various approaches to the concept of «legal nature» and «legal essence» and opinions on the legal nature and essence of investments and investment contracts are outlined. The author's definition of the category «legal nature» is proposed. As a result, the author comes to the conclusion that in order to establish a unified legal and scientific definition of investments, it is necessary to determine their legal essence and legal nature, which in turn requires studying and describing the primary characteristics of investments in the context of economic science at the time of the emergence of this category.
Economic Problems and Legal Practice. 2020;16(4):137-141
pages 137-141 views

Legal responsibility of a scientist for the implementation of the results of his scientific activities in the field of human reproductive cloning in the BRICS countries

Belikova K.M.

Abstract

Based on legal material of the BRICS countries the article provides scientific understanding and analysis of legal responsibility of a scientist for the implementation of the results of his scientific activities in the field of human reproductive cloning. The interest is caused by the impact on legal and medical science, as well as on the views of both ordinary people and specialists (lawyers, doctors, sociologists, etc.), provided by new technologies that currently allow to perform things that previously could not even be imagined otherwise than in science fiction stories, films, etc. Thus, various legal scenarios of the existing legal regulation with an emphasis on liability (criminal, etc.) in the context of legal provisions and provisions of a regulatory nature on the part of bodies of the international community (the UNESCO international Committee on bioethics, etc.) are studied. Scientific novelty is due, first, to the choice of the BRICS countries, second, the subject of the study - legal responsibility for the implementation of the results of scientific activity of a scientist in the field of human reproductive cloning, and third, to the analysis of a selected range of issues in an interdisciplinary aspect - from the perspective of law, medicine, and ethics. Among the conclusions made by the author is the opinion that the approaches of the national laws of the BRICS countries are influenced by the bodies of the international community and their opinions, which are in favor of banning cloning, due to various reasons - from the imperfection of existing technologies to ethical and socio-legal aspects. Among them is the temptation of such abuse as an instrumental approach to the clone that violates national regulations and provisions of international acts (for example, the right to life, etc.).
Economic Problems and Legal Practice. 2020;16(4):142-151
pages 142-151 views

Responsibility of the scientist for implementing into practice the results of some researches in the field of biotechnologies in the context of scientific ethics

Akhmadova M.A.

Abstract

The article is devoted to the study of the problem of moral and ethical responsibility of a scientist in modern society, where the value imperative of science is that any new knowledge or discovery should be directed to the benefit of humanity. The author analyzes the problems of the relationship between science, as a system of knowledge and as a type of activity, with ethics. At the same time, the focus of the author's attention is also the question of the ethical and legal acceptability of the use of certain biomedical technologies on the example of technology for human cloning and growing human organs. The research used such methods of scientific knowledge as: general scientific dialectical, formal legal and comparative legal methods. At the same time, the author proceeds from the subjective-objective assignment of processes and phenomena, and their interconnection. The novelty of this study is determined by its very purpose, subject and range of sources under consideration. In this format, the author formulates the conclusion that not only moral, but also legal control, based on reasonable and compromise principles, should be exercised over the activities of a scientist. The author also found that the ethical norms contained in the national ethical codes, which are developed by scientists themselves within their professional community, are characterized by the necessary flexibility in the regulation of scientific activity.
Economic Problems and Legal Practice. 2020;16(4):152-159
pages 152-159 views

The influence of the digitalization of the Russian economy on the organization of legal regulation of relationships of alimentation

Serebryakova A.A.

Abstract

A task. The author of the article identifies the problem of insufficient involvement of family relations in the processes of digitalization of the economy taking place in Russian society. We are talking about the legal regulation of family relations and the use of new digital tools. The author notes that the connection of new digital tools is very useful for the legal regulation of family relations. In some areas, for example, in the field of alimony, this is necessary to improve the efficiency of legal regulation. Model. To solve this problem, it is required to investigate the state of legal regulation of alimony relations in the Russian Federation. It is summarized that the condition is not satisfactory. Crisis phenomena are recorded. At the same time, the progressive development of technology offers new tools. It is necessary to investigate the possibility of their use in the process of legal regulation of alimony relations, the organization of the fulfillment of obligations for material support in the family, control over the proper performance in order to overcome the crisis of alimony non-payments. Conclusions. The use of new technologies of the digital economy is proposed. Such as big data, artificial intelligence and others. The possibility of their use in the process of legal regulation of alimony relations, organizing the fulfillment of obligations for material support in the family, monitoring the proper fulfillment of obligations to pay alimony is confirmed by their successful implementation in the sphere of legal regulation of various groups of social relations. Proposals are made on the organization of electronic registration of payers and recipients of alimony on the basis of platform solutions, the widespread use of the principles of voluntariness, responsibility, self-organization of the participants in relations to provide material support in the family, avoiding «paternalistic» tendencies on the part of the state in the legal regulation of alimony relations in order to overcome the crisis alimony non-payments. Practical value. Implementation of the approach proposed by the author, determined by technological changes taking place in modern society, will help to overcome the systemic crisis of alimony on-payments. Social consequences. Medium-term social consequences - openness, certainty in understanding the rights and obligations of participants in the legal relationship of alimony. The long-term consequences of overcoming the crisis are the strengthening of the institution of the family, the maintenance of traditional family values and the formation of new traditions for new generations of family members in a new information technology-economic society. Originality, value. The originality of the author's idea lies in the novelty of the proposals made on the possibility of applying the tools of the digital economy to the legal regulation of family relations. The value lies in the possibility of overcoming the systemic crises of the family using new digital tools offered in the new tecn0-ecnomic society. A digital perspective will make it possible to overcome the alimony crisis.
Economic Problems and Legal Practice. 2020;16(4):160-165
pages 160-165 views

Minor founders

Belozertseva V.V.

Abstract

The article is devoted to the legal capacity of minors aged 14 to 18 to establish corporates and to participate in them. For this purpose, the concepts of entrepreneurial activity and the establishment of a corporate are differentiated, the definition of the concept of "founder" is given. The establishment of a corporate is not an entrepreneurial activity, the creation of corporates by minors is subject to the general rules of civil law on the establishment of corporates, given the fact that one or only founder is a person with relative legal capacity. The establishment of a corporate is a transaction and this action is performed by a minor with the prior consent of legal representatives according to the rules of Art. 26 and Art. 157.1 of the Civil Code of the Russian Federation. The minor also contributes to the activities of the corporate with the consent of legal representatives, but they must first obtain the consent of the guardianship authorities as required by federal law, because this transaction is aimed at alienating the minor’s property. The participation of a minor in a corporate is also subject to the rules on the business ability of minors aged 14 to 18 years, and as in the case of the establishment of a corporate, with the consent of the parents (adoptive parents, trustees). Note that the independent participation of minors who have reached the age of 16 in cooperatives is expressly provided for in art. 26 of the Civil Code of the Russian Federation, as well as federal legislation on cooperatives. The participation of minors in cooperatives may be labor or property, depending on the type of cooperative.
Economic Problems and Legal Practice. 2020;16(4):166-170
pages 166-170 views

Joint wills and inheritance agreements in foreign law

Belyaev R.V.

Abstract

The article examines the experience of legal regulation of joint will and inheritance contract institutions, as well as foreign doctrinal positions in comparison with Russian inheritance norms. Special attention is paid to the analysis of legislation and literary sources in Germany. The article also analyzes the experience of legal regulation of making a joint will of spouses in Ukraine, Latvia, France, the United States, England, and also examines the institute of inheritance contract in the legal systems of Austria, Hungary, Switzerland, Latvia, and Ukraine. Taking into account the positive experience of Germany in regulating the institution of joint wills of spouses, the conclusion is reasoned that it is expedient to fix in the Russian legislation the rules on differentiation of testamentary orders into mutually conditional and non-conditional, as well as various rules for their cancellation. In addition, the author comes to the conclusion that in foreign countries, heirs under an inheritance contract in comparison with the inheritance law of Russia are in a more protected position, while many norms deserve attention from the point of view of their borrowing in order to improve Russian legislation.
Economic Problems and Legal Practice. 2020;16(4):171-176
pages 171-176 views

Functions of civil rights remedies

Korepanova S.V.

Abstract

Civil rights remedies in the classical sense are enforcement measures applied in the event of an offence. However, this approach seems to be too narrow and does not take into account the whole variety of tasks solved with their help. Study of the functions of civil rights remedies allows one to develop a more complete understanding of the object under investigation. Contrary to traditional views, the article examines not only the protective, but also the regulatory function of civil rights remedies. The aim of this paper is to identify the subfunctions of the regulatory and the protective functions of civil rights remedies and to correlate these subfunctions with certain types of civil rights remedies. The research that has been conducted has made it possible to draw a conclusion about the polyfunctional nature of civil rights remedies. The author identifies rights-generating, transformative and rights-eliminating subfunctions within the framework of the regulatory function, and the rights-confirming subfunction, subfunction of protection and subfunction of responsibility within the framework of the protective function. Using the selected functions as a foundation, the author proposes a classification of civil rights remedies, whose terms of division also include claims that perform regulatory functions. The article substantiates that the functional orientation can be used as a feature that has an auxiliary, and in some cases, fundamental importance in the qualification of claims. In this case, both functions (subfunctions) performed by a certain type of civil rights remedies and the functions characteristic of a certain claim can be taken into account. The importance of functional analysis of civil rights remedies in the construction of models of civil liability is noted.
Economic Problems and Legal Practice. 2020;16(4):177-183
pages 177-183 views

About some legislative innovations in the field of tax control

Davydova M.A., Sadovskaya T.D.

Abstract

The purpose of research. The article discusses some innovations in legislation in the field of tax control for the current year. The article analyzes the process of transformation of the state's control and Supervisory activities in the context of the digital economy development. The purpose of the study is to establish and identify current trends in the field of tax control on the basis of adopted and developed legislative and regulatory acts. Results. As a result of the research, it was concluded that the best practices of tax authorities ' control work formed the basis for innovations in the sphere of state control and supervision. Today, contactless technologies, expanding the scope of digital tax control, and introducing tools for preventive and operational control are promising areas. At the same time, the problem of systematization of norms on tax control remains relevant. It is noted that the legal regulation of innovative forms of tax control is in the process of formation. It is emphasized that the inevitable digitalization of control and Supervisory activities should not lead to violation of the rights, freedoms and legitimate interests of controlled persons.
Economic Problems and Legal Practice. 2020;16(4):184-189
pages 184-189 views

The legal category of «transfer of enterprise» in Russian labor lawand European Union law

Cheranova I.P., Nadezhkina A.O., Lukon'kina O.V.

Abstract

The article deals with various approaches to determining the essence of the category «transfer of enterprise» from the position of correlation of civil and labor law. The purpose of the article is to analyze the norms of Russian civil and labor law, as well as the norms of European Union law regarding the regulation of employee rights guarantees in the transfer of an enterprise based on the understanding of «transfer of an enterprise» as any change of ownership of an economic unit. Based on a brief study of the experience of the European Union, the author comes to the conclusions about the necessity of introducing the concept of «transfer of enterprise» in Russian labor law in order to ensure maximum protection of workers' rights in all cases of change of employer, allowing the employee to exercise the right of legal refusal to continue work in changed conditions, based on his personal assessment of the situation, or, conversely, continue to perform their duties in the company. Such conclusions are consistent with the understanding of the employee as a more economically vulnerable side of the labor relationship.
Economic Problems and Legal Practice. 2020;16(4):190-194
pages 190-194 views

Reform of legal education in the Russian Federation

Serebrennikova A.V., Wang Z., Lebedev M.V.

Abstract

This article reflects the results of the author's scientific research dedicated to the issues of the development of legal professional education in Russia, as well as the problems of its functioning at the present stage. Purpose of the article is to study the foundations of the reform of legal education in the Russian Federation, to conduct a comparative study on the example of the integration of Western principles of the development of legal education, which the domestic law school cannot take full advantage of. Methodology and methods. The authors use a set of general scientific methods of theoretical knowledge, general logical methods and research techniques, comparative and historical-legal methods, as well as consistent dialectics. Conclusions. As a result of the study, the authors come to the conclusion that there is a weakness in theoretical knowledge and applied skills that university graduates possess after completing their training in higher legal education programs. The authors draw attention to the exclusivity of legal education in terms of its general social benefit and, at the same time, point to the weakness of the Russian education system in the context of rapidly developing legal relations, as well as the lack of their own vision in its development and transformation. The scientific and practical significance of this study lies in the fact that it reflects a fresh author's view on the setting of the problem of forming the professional consciousness of lawyers through legal education.
Economic Problems and Legal Practice. 2020;16(4):195-200
pages 195-200 views

Issues of delineating of encroachment on the life of a person who carries out justice or a preliminary investigation, and murder in connection with the implementation of the victim performance

Tishchenko Y.Y., Lesnikov G.Y., Bazarov R.A.

Abstract

The purpose of writing research work. One of the main problems in law enforcement practice at all stages of pre-trial and judicial proceedings - initiation of a case, the implementation of preliminary investigation, inquiry, trial, are issues related to the definition of correct qualifications, including the separation of related crimes from each other. This scientific article has its own goals to identify the distinctive signs of infringement on the life of the person carrying out justice, preliminary investigation ( art. 295 of the Criminal code of the Russian Federation), and murders in connection with the performance of the victims' official activities (p. «b» p. 2 art. 105 of the Criminal code of the Russian Federation), the development of socially conditioned and scientifically sound proposals to improve the disposition of art. 295 of the Criminal code Russian Federation. Findings from the study. Crimes under section b. 2 p. 105 and art. 295 Criminal code of the Russian Federation, correlated with each other as a general and special composition of crimes. In the event of competition, if there are signs provided by a special rule, the crime should be qualified by the rule establishing responsibility for the special composition (art. 295 of the Criminal code of the Russian Federation). The design of the crime, provided in the current edition of art. 295 of the Criminal code of the Russian Federation, creates a conflict with the provisions of art. 29-30, 66 of the general part of the Criminal code of the Russian Federation, regulating questions about the unfinished crime, sentencing for it. It is proposed to amend the regulation of the objective party of the crime under art. 295 of the Criminal code of the Russian Federation. Instead of the overly broad concept of «infringement on life», which includes both the intentional infliction of death and the attempt on it, it is necessary to provide only the intentional infliction of a lethal person specified in the disposition of Art. 295 criminal code of the Russian Federation, to exclude from this crime attempted murder, which should be considered by the general rule as an unfinished crime.
Economic Problems and Legal Practice. 2020;16(4):201-206
pages 201-206 views

Anti-corruption: youth perspective on the problem

Cherednichenko E.E., Mikhailov A.E.

Abstract

When writing this article, our goal was to analyze current issues of anti-corruption, to identify the youth view of this problem. The measures of counteraction that are applied at the level of the entire country, and separately those that operate on the territory of the Vladimir region, were considered. In the course of our work, we conducted a sociological study among students of one of the higher educational institutions of the Vladimir region. The survey was conducted in March and April 2020, a total of 348 people were interviewed. As a result, we have come to a number of theoretical and practical conclusions. First, social and economic measures are at the forefront of anti-corruption efforts. Secondly, among the special criminological measures, legal measures should be singled out. Third, it is necessary to actively involve representatives of civil society, including the younger generation, to participate in various anti-corruption programs and events. Fourth, the system of punishments provided for in the Criminal code of the Russian Federation is not perfect, and requires a detailed analysis of its effectiveness and making appropriate changes to improve the effectiveness of criminal punishment, including for crimes of corruption. Fifth, the media and the Internet should publish more information about corruption and its negative consequences for society, as well as publish examples from judicial practice indicating the punishment imposed on the guilty persons. The results of this article can be used in the future when studying anti-corruption issues, when working with students, when forming a negative attitude to manifestations of corruption in the population. The work is generally intended for a wide range of readers interested in the problems of criminal law and criminology.
Economic Problems and Legal Practice. 2020;16(4):207-212
pages 207-212 views

Autopiloted transport: development prospects and problematic aspects

Plotnikova T.V., Paramonov A.V.

Abstract

Currently, the popularity and development of the driverless segment of vehicles is growing every year. This innovation has not yet been objectively and comprehensively studied, in terms of legislative consolidation of the status of unmanned vehicles, as well as regulation of their use. Self-driving vehicles have a huge number of advantages. One of the most important is to minimize and completely eliminate the human factor in the operation of the vehicle. Thus, most of the practical problems with UAVs in the form of violations of current traffic rules are connected, first of all, with the technical and computer equipment of vehicles. In the near future, these problems will be solved, and the high speed of technology development of the fourth industrial revolution will contribute to this. One of the most pressing issues in the field of introduction and use of unmanned transport is the legal regulation of drones. The specifics, as well as the technical complexity of this transport, leave their imprint on the current legislation of countries in the field of road traffic. One of the most problematic aspects when using Autonomous cars is to identify the culprits in accidents, especially with a fatal outcome. Who should be responsible: the owner of the vehicle, the developer of the software (the entire Autonomous system), or the car manufacturers? In some cases, this group is also joined by controllers, operators who remotely ensure optimal performance of the car. Currently, the current Russian legislation does not contain fundamental, fundamental rules governing the use of unmanned transport. Self-driving vehicles are one of the most promising areas of development in the automotive sector. Every year, this technique is becoming more and more popular, and therefore the problem of legislative regulation of unmanned transport is becoming more and more relevant. It is a challenge to the legislative technique of many States.
Economic Problems and Legal Practice. 2020;16(4):213-218
pages 213-218 views

Constitutionalization of criminal law as a process

Guzeeva O.S.

Abstract

Relevance of the research. The adoption of the Constitution of the Russian Federation of 1993 and its renewal following the results of a nationwide vote in 2020 stimulates an important process of constitutionalization of branches of Russian law. Although in practical terms the state has already taken a number of significant steps to translate constitutional ideas and principles into criminal law, in theoretical terms, the process of constitutionalization has not yet become the subject of in-depth analysis. The very topic of constitutionalization of criminal law is frankly poorly represented in the bibliography. Purpose of the research. The purpose of the reserch is to theoretically analyze the dynamic aspect of constitutionalization as a process extended in time, taking into account its structural and functional characteristics, which allows to identify the main features of the mechanism for translating constitutional values into criminal law. Research results. The constitutionalization of criminal law is a controlled and purposeful process that, from the point of view of its structural and functional analysis, presumes the presence of a well-defined object of influence and subjects of constitutionalization. The analysis made it possible to establish that the object of constitutionalization in criminal law are the criminal rules, expressed in the penal code and other sources of law and applied (or subject to application) by the court; subjects of constitutionalization at different levels of functioning of state power are: parliament, courts of general jurisdiction and the Constitutional Court of the Russian Federation. Each of these subjects has its own capabilities and responsibilities in the constitutionalization of criminal law. The goal of the constitutionalization of criminal law should be recognized to achieve an optimal balance of the values of freedom and security in the process of combating crime.
Economic Problems and Legal Practice. 2020;16(4):219-225
pages 219-225 views

Criminal liability of companies and corporate fraud in the UK

Rastoropova O.V., Chigrina O.R.

Abstract

Corporate economic crime undermines confidence in businesses and markets, causes financial damage to individuals, and can destroy businesses, distort competition, and hinder their growth. Companies can commit economic crimes, but they are also often victims. The state is studying ways to influence corporate economic crime
Economic Problems and Legal Practice. 2020;16(4):226-228
pages 226-228 views

Problems associated with improvement of legislation on criminal liability for illegal banking operations

Akhmedkhanova S.T., Akhmedkhanova S.T., Mirzaev A.R.

Abstract

In modern Russia, the free exercise of economic activity has created for the legislator a number of problems related to ensuring and protecting the rights and legitimate interests of participants in economic activity, as well as the state as a guarantor of the existence and development of the entire society. The state controls the state and development of the banking system, regulates all banking activities of credit organizations, and determines the grounds and limits of public intervention in this activity. Our research shows that there are negative stages and trends in the implementation of banking activities at the present stage. The main purpose of the research is to study the legal framework regulating the procedure for conducting banking activities, the problems associated with the procedure for bringing to criminal responsibility persons who have committed crimes in this area. Research conducted in this area allows us to identify the main causes and grounds for committing crimes in the course of banking activities, in order to identify shortcomings and contradictions in the construction of criminal law regulations governing the procedure for bringing to justice for unlawful conduct of various banking operations. Measures of preventive and preventive impact, of a criminal legal nature, carried out by both external and internal actors, are proposed. The problems related to the improvement of legislation in the field of criminal law regulation of banking activities are revealed and proposals are made to tighten the measures of criminal prosecution.
Economic Problems and Legal Practice. 2020;16(4):229-233
pages 229-233 views

Development of measures to prevent the financing of terrorism

Akhmedkhanova S.T., Akhmedkhanova S.T., Mamaev K.K.

Abstract

In modern legal science, there are no methods and mechanisms for countering the financing of terrorism, which leads to a sharp surge in terrorism itself and related acts that threaten the security of the entire state. This article analyzes such a criminal act as the financing of terrorism and offers specific preventive measures to prevent such criminal acts.
Economic Problems and Legal Practice. 2020;16(4):234-237
pages 234-237 views

Criminological characteristics of the minors who made the road and transport crimes

Magomedov H.B., Akhmedkhanova S.T., Malachiev K.G.

Abstract

In this article, the author considers the problems associated with the criminological characteristics of the personality of a minor criminal who committed road traffic crimes. Taking into account the psychophysiological processes that occur in the human body during its minority, we can say with confidence that this stage of life is key in the formation of a legal component in the human mind. In cases of influence of certain external factors, the minor's worldview is distorted. This is the origin of deviant manifestations in the behavior of a teenager, and since a minor gets into traffic every day, the manifestation of such deviations in this area becomes the most likely.
Economic Problems and Legal Practice. 2020;16(4):238-242
pages 238-242 views

Legal regulation of punishments for crimes committed by officials in the sphere of economic activity

Dgamalova B.B., Akhmedkhanova S.T., Akhmedkhanov S.T., Derbishev J.G.

Abstract

The Most important reasons for the Commission of crimes by officials in the field of economic activity are, first of all, the striking material stratification of society caused by the rapid development of business activities on the one hand and the unjustified enrichment of a certain part of the population by obtaining income through economic fraud, as well as through the appropriation of state property through privatization and illegal transactions with shares of state enterprises. Money received in this way is used for active bribery of state officials, for organizing and conducting elections, election companies in the right direction for themselves, for carrying out financial and economic activities without paying taxes in the appropriate amounts. All this contributes to the creation of favorable conditions for the spread of corruption and organized crime. This article discusses the problems arising in connection with the implementation of legal regulation of punishments for crimes committed by officials in the field of economic activity. The main purpose of the study is to study the problematic aspects in the application and regulation of punishments for crimes committed by officials using their official position. The conducted research led to the development of a set of proposals involving amendments and additions to the law "on corruption", through the activation of the Commission's activities in the implementation of anti - corruption expertise of normative legal acts.
Economic Problems and Legal Practice. 2020;16(4):243-246
pages 243-246 views

Public risk of crime in real estate

Petrova I.V.

Abstract

This article presents the results of a study of the public danger of crimes committed in the real estate sector. The analysis of the nature and degree of public danger of these crimes is carried out, various approaches of a number of authors to the definition of public danger in the doctrine of criminal law are studied. The research shows that the issue of determining public danger is complex and debatable, requiring doctrinal analysis. The criteria of insignificance of the act, taking into account the public danger, are considered. The article substantiates the need to develop effective criminal and criminological measures to prevent crimes in the real estate sector. The purpose of this work is to study the exponents of the public danger of crimes in the field of real estate, to identify the criteria for distinguishing criminal and illegal acts in the field of real estate. In the course of this work, it is proved that real estate is a multi-faceted object of criminal legal protection and crimes committed in the field of real estate have a high degree of public danger. In result of the conducted research the author comes to the conclusion that currently the most important task is improvement of legislation in the field of real estate, including criminal, because, as adequate measures of criminal-legal and criminological influence providing effective prevention of crimes in the sphere of real estate will work to implement fully the positive criminal law trends in real estate that is possible thanks, in particular, the study of offender because without the establishment of the individual characteristics of the particular person who is the subject of the crime is impossible to fully perform a causal complex crime and to develop effective preventive measures that contribute to the prevention of crimes.
Economic Problems and Legal Practice. 2020;16(4):247-251
pages 247-251 views

Criminological characteristics of the person involving the teenage in the commitment of the crime

Osmolovskaya S.I.

Abstract

The purpose of writing a research paper is to study the criminological portrait of a criminal involving a teenager in a crime. The main method used in writing a work is the dialectical method of cognizing the surrounding reality. In addition to the above, a number of general and special methods of scientific knowledge were used. Thus, the method of document analysis was used in the study of materials from criminal cases and court decisions related to the commission of crimes under Art. 150 of the Criminal Code of the Russian Federation. The statistical method was used in the criminological research of quantitative indicators. The method of questioning made it possible to obtain data when interviewing 208 respondents - specialists in the field of criminal law (employees of investigative bodies, inquiry bodies, prosecutors). The conclusions obtained in the course of the study make it possible to create the most accurate portrait of a criminal involving a minor in committing a crime, to determine his main socio-demographic, psychological, moral and criminal-legal properties, traits, inclinations and preferences. This information plays an invaluable role in improving the institution of protecting the rights and legitimate interests of minors, developing the most promising ways to combat the involvement of minors in committing crimes, building a multi-level system of preventive measures in this direction.
Economic Problems and Legal Practice. 2020;16(4):252-255
pages 252-255 views

Problems of regulation of qualified and specially qualified signs of suicidal tendencies or assistance in committing suicide

Ovsyannikova E.I.

Abstract

Purpose of research. The scientific article submitted for publication aims at a detailed analysis of qualifying and especially qualifying features United by article 110.1 of the criminal code of the Russian Federation, identifying possible shortcomings and formulating proposals for their elimination and qualification of the relevant norms. Results. The analysis of the problem presented in the title of the article allows us to formulate the following conclusions and suggestions: 1. In view of the inadmissibility of unjustified narrowing of the criminal-law protection of the individual, we believe that, in relation to the offence under article 110.1 of the Criminal code, a sign of helplessness should be treated the same way as it is understood in the Resolution Of The Plenum Of The Supreme Court Of The Russian Federation dated 04.12.2014 N 16 «About court practice on cases on crimes against sexual inviolability and sexual freedom of person». 2. Under article 110.1 of the Criminal code of the Russian Federation, the term «knowledge» is used in relation to the signs of «helplessness» and «pregnancy» of the victim, but not the sign of «minor» of the person concerned. This approach to the formulation of qualifying features, in our opinion, is inconsistent and creates a threat of objective imputation in the qualification of the relevant norm. In this regard, it seems appropriate to set out paragraph «a» of part 3 of article 110.1 of the Criminal code as follows: «a) in relation to a known minor or a person who is known to be helpless for the guilty person or who is financially or otherwise dependent on the guilty person» 3. Criminal liability for the considered type of assistance should be provided under article 110 of the criminal code, because the form in which it is provided for by part 2 of article 110.1 of the Criminal code, in essence, already covered by the provisions of article 110 of the Criminal law. 4. Repressive sanctions are provided for by part 6 of article 110.1 Criminal code seems unnecessary and, considering the principle of economy of criminal repression, it is proposed to reduce the lower and upper limits.
Economic Problems and Legal Practice. 2020;16(4):256-260
pages 256-260 views

Some comparative aspects of the compositions of inducement to commit suicide or of facilitating suicide and inducement

Ovsyannikova E.I.

Abstract

Purpose of research. The activation of state bodies to improve measures to counter suicide among minors in the Russian Federation led to the adoption on June 7, 2017 of Federal Law No. 120-FZ, which provides for the introduction of criminal liability for inducement to commit suicide or assistance in committing suicide. According to the legislator, criminal punishment for driving to suicide is not enough, due to the limited list of methods of committing, listed in the corresponding disposition, in connection with which it was necessary to include in the Criminal Code of the Russian Federation a norm designed to settle legal relations arising, inter alia, between persons - administrators of death groups «On the Internet and juvenile adolescents showing suicidal tendencies. In connection with the inclusion of new structures, it seems interesting, first of all, to analyze the correlation of a number of features of the indicated corpus delicti. Results. A brief analysis of the problem in the title of the article allows us to assert: 1. In the conditions of the existence of the gravamen of a charge constituting forcing to suicide, the expediency of identifying the declinations and facilitating the commission of suicide is subject to significant criticism in the scientific community. Researchers, first of all, note the absence of significant grounds for this and point to the existence of a sufficient regulatory framework governing such legal relations. The novellas were not sufficiently considered and worked out in terms of legal technique and the potential for the effectiveness of law enforcement. It is important that historically, these gravamens existed together, were considered as stages of a single malicious criminal act within the framework of one rule. 2. The lack of a uniform understanding of related crimes from the point of view of their categorization and differentiation according to the degree of public danger does not allow talking about an integral system of human rights measures, as well as objectively assessing the criminal law value of related structures. 3. Crimes under Art. 110.1 of the Criminal Code and Art. 110 of the Criminal Code are differentiated according to the following positions, namely: objective side in terms of establishing exceptional methods of committing each criminal act; constructions of the objective side as a whole, where the presence or absence of socially dangerous consequences is of fundamental importance; the degree of public danger of each specific gravamen of a charge; signs of the subjective side, which emphasizes the strict definition of the form of guilt as in crimes committed with direct intent, provided for in Art. 110.1 CC.
Economic Problems and Legal Practice. 2020;16(4):261-264
pages 261-264 views

The practice of countering tax evasion during globalization

Nikolaeva J.A.

Abstract

The publication notes that no country can cope with the problem of tax evasion alone, given the aggressive tax competition between individual countries. The article analyzes the activities of the Organization for Economic Cooperation and Development (OECD), which together with the G20 states in 2015 implements the BEPS (Base Erosion and Profit Shifting) action plan to resolve the problems of deliberate erosion of taxable income. The «Multilateral Convention on the Implementation of Measures Relating to Tax Treaties to Resist Erosion of the Tax Base and the Removal of Profits from Taxation», concluded in Paris on November 24, 2016, contains concepts and terms, as well as specific legal mechanisms for solving issues of applying hybrid schemes to reduce the tax burden, prevent abuse of the provisions of agreements, resolve the issue of artificially avoiding the status of a permanent establishment and improve the dispute resolution procedure. Attention is drawn to the fact that the consequences of the proposed OECD decisions affect the fundamental aspects of the existing international tax architecture. In this regard, it is advisable to improve domestic legislation taking into account international tax law and experience in countering tax violations. It is stated that counteraction to avoidance of tax liability in the Russian Federation is not regulated by a single program document that would coordinate the activities of state bodies. Arguments are made about the need to adopt a long-term program document that defines the general goals, objectives and directions of activities in the field of countering tax evasion in the Russian Federation, as well as mechanisms, timing and indicators of their achievement.
Economic Problems and Legal Practice. 2020;16(4):265-271
pages 265-271 views

The history of the creation and development of special technical means designed for secretly obtaining information

Usov E.G.

Abstract

The purpose of the research. One of the inalienable attributes of the modern information society are special technical means designed for secretly obtaining information. At the same time, in the process of its development, the special technique went through several successive stages that determined the vector of its development. In this article, we will focus on the history of the creation and development of special technical means designed for tacit information. Results. In this article, the author comes to the conclusion that the history of the creation and development of special technical means intended for secretly obtaining information has its own unique periodization due to the foreign and domestic policies of states. The author's position on this periodization is offered. The author also cites the provision that a considerable amount of time has passed between the creation of the first samples of special technical means intended for secretly obtaining information and their mass production. Also, the author comes to the conclusion that the key period in the creation and development of special technical means intended for secretly obtaining information is the period of the late XX - early XXI century.
Economic Problems and Legal Practice. 2020;16(4):272-275
pages 272-275 views

Determinants of law violations committed by traffic police staff

Gorodnichev I.M., Chernyavsky V.A.

Abstract

This article attempts to systematize knowledge about the determinants (causes, conditions) of violations the law committed by state traffic inspectors. The purpose of this work is to obtain new scientific knowledge about the determinants of violations of the law committed by employees of the traffic police and to prepare a theoretical basis for further research aimed at improving activities to counter violations of the law by these employees of the internal affairs bodies. In the first part of the work, the authors substantiate the relevance of the topic under consideration. In particular, it is pointed out that ensuring the rule of law in the internal affairs bodies is central to strengthening the rule of law in society and the state, in view of the empowerment of them. It is noted that strengthening the rule of law and official discipline in the internal affairs bodies is impossible without identifying the reasons and conditions for their violation. In the following, the essence of the concepts of «causes» and «conditions» is considered. The points of view of criminologists and other legal scholars on the issue under consideration are examined. A classification of conditions conducive to violations of the law is proposed. Which is further considered in detail. In particular, it is proposed to classify on the following grounds: depending on the nature of their occurrence: into internal and external; depending on the manifestation of the will of the person who violated the law: into objective and subjective; depending on the sphere of public life, to which a certain condition applies: economic, social, political, ideological, legal and organizational can also be distinguished. The authors distinguish the following groups of determinants: social, ideological, legal, economic, political and organizational conditions conducive to violations of the law by employees of the State Traffic Inspectorate. The authors draw conclusions about the need for a comprehensive, versatile approach to eliminating violations of the law in the activities of traffic police officers, taking into account the nature and features of the determinants.
Economic Problems and Legal Practice. 2020;16(4):276-279
pages 276-279 views

Contemporary internal affairs electoral campaign law enforcement

Nosatov Y.N.

Abstract

This article is an attempt to systematize knowledge about the forms of activities of the internal affairs bodies to ensure law and order during election campaigns in modern conditions. On the basis of established classifications on various grounds, conclusions are drawn about the emergence of a new (electronic) form of activity of the internal affairs bodies to ensure law and order. In the first part, the author notes that in recent years there has been a digitalization of public relations. In particular, it is pointed out that various state bodies have recently adopted a number of normative legal acts aimed at their organizational support. Separately, the author analyzes the legislation that allows the use of elements of digitalization in the electoral process, while paying special attention to the possible negative consequences associated with illegal impact on the electoral process. In the future, the internal affairs bodies are considered as one of the subjects of counteraction to violations in the field of the electoral process. The author gives the author's definition of the forms of activity of the internal affairs bodies to ensure law and order during election campaigns and suggests their classification. It is noted that at the present stage of the development of society and the electoral process, forms of activity also require their development and do not fully fit into the so-called «classical» classification. In this connection, the author identifies a new form of implementation of functions to ensure law and order in the activities of law enforcement agencies in the period of preparation for elections and during their holding - an electronic form. Also, he defined the signs that allow identifying the electronic form. The author concludes that the electronic form may become predominant in the activities of the internal affairs bodies to ensure law and order during the election campaigns.
Economic Problems and Legal Practice. 2020;16(4):280-284
pages 280-284 views

Presumption of a lawyer's conscientiousness in theory and practice of the current Russian legislation

Kovalev S.A.

Abstract

Within the framework of this article, the author examines the specifics of the presumption of a lawyer's conscientiousness in the theory and practice of the current Russian legislation. The conscientiousness of a lawyer is considered by the author through the prism of the civil law interpretation of this concept as one of the mandatory requirements imposed by the legislator on the professional activities of this subject. The author draws conclusions about the content and criteria for the conscientiousness of a lawyer on the basis of an analysis of both civil legislation and legislation on the legal profession and advocacy. The author concretizes the content and criteria for the conscientiousness of a lawyer by giving examples from the disciplinary practice of the chambers of law. Ultimately, the author comes to the conclusion that it is necessary to make a number of amendments to the current legislation on the legal profession and advocacy, aimed at ensuring the responsibility of a lawyer for unconscientiousness in the exercise of professional activities, as well as at the formation of a uniform disciplinary practice in this area.
Economic Problems and Legal Practice. 2020;16(4):285-291
pages 285-291 views

Legal aspects of application of physical force by police staff

Kostyuk A.V.

Abstract

The article is devoted to the analysis of the activities of police officers in the implementation of administrative and criminal procedural coercion measures. The conditions of the use of physical force by employees of the internal affairs bodies during the performance of official tasks related to the implementation of state coercion measures are analyzed. Actual issues of judicial investigative practice of the use of physical force by police officers are considered, legal comment is given.
Economic Problems and Legal Practice. 2020;16(4):292-295
pages 292-295 views

Circumstances to be proved in cases, related to criminal violations of health and safety regulations

Sirakanyan A.R.

Abstract

As part of the study, the article discusses the features of an investigation into violations of labor protection and safety regulations. The purpose of this article is to highlight the circumstances to be proved in cases involving criminal violations of labor protection and safety regulations. The requirements for labor protection and industrial safety are disclosed. At the same time, a debate unfolds between the statements of prominent Russian forensic scientists and an author’s judgment is given. A discussion is underway about whether the circumstances to be proved are an independent element of private forensic investigation techniques. A parallel is drawn to the regulation of crimes related to violations of labor protection and safety regulations, which are regulated by the Labor Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. Based on the analysis of legislative acts, law enforcement practice, the author substantiates a list of circumstances to be proved in cases involving criminal violations of labor protection and safety regulations. The article distinguishes between the elements of crimes related to the protection of labor rules and safety. The circumstances characterizing the personality of the person accused of a crime in violation of labor protection rules are indicated. The circumstances that exclude crime and criminal punishment, mitigating and aggravating criminal punishment, are disclosed in relation to crimes related to violation of labor protection rules and safety procedures. It is concluded that the circumstances to be proved must be thoroughly investigated and proved, as well as the causal link between the crime and the consequences in cases involving criminal violations of labor protection and safety regulations.
Economic Problems and Legal Practice. 2020;16(4):296-300
pages 296-300 views

Legal doctrine of information security regulation in Russia

Yakovleva A.V.

Abstract

Ensuring information security is a complex social, legal, economic and scientific problem that is being solved at the present stage in the conditions of severe financial, material and resource restrictions, as well as time constraints and other restrictions typical for the current socio-economic situation in Russia. However the task of ensuring information security is becoming an essential element of national security and a factor for achieving strategic stability. The first Information security doctrine of the Russian Federation, approved by the President in 2000, was the state's timely response to new challenges in the information sphere. This article shows that today the Information security doctrine of the Russian Federation, adopted in 2016, is in force in Russia. It is a system of official views on ensuring the national security of the Russian Federation in the information sphere. This paper presents the scientific views on the legal doctrine; future directions for the development of legal doctrine in Russia; comparative characteristics of the definitions «information security» and «information sphere»; the analysis of Russia's national interests in the information sphere was also carried out; the classification of information security threats is presented.
Economic Problems and Legal Practice. 2020;16(4):301-309
pages 301-309 views

Actual issues of ensuring cybersecurity in the context of the digitalization of the economy of the Russian Federation

Zhukov A.Z., Shugunov T.L., Ingushev C.K., Khochueva F.A.

Abstract

The article discusses current issues of ensuring information security of the digital economy. High rates of development of the digital economy, both in the Russian Federation and in the world as a whole, require the dynamic development of tools to ensure information security in this area. The digital economy is a basic element in the development of a modern information state. An effective system of protecting the digital economy is necessary to ensure the national security of the state. The purpose of this theoretical study is a comprehensive analysis of the problems of ensuring information security in the digitalization of economic processes.
Economic Problems and Legal Practice. 2020;16(4):310-313
pages 310-313 views

Cryptocurrency and electronic means of payment: technological component and criminological aspect

Bondar A.G., Shamaev A.M.

Abstract

The scientific article discusses the types and capitalization of cryptocurrencies, their technological component. The authors study the legal aspect of the use of cryptocurrency instruments and electronic means of payment. The work quite rightly takes into account and analyzes the opinions of modern scientists engaged in research in this area. Based on the results of the study, the corresponding conclusions and conclusions are formed.
Economic Problems and Legal Practice. 2020;16(4):314-316
pages 314-316 views

Digital financial instruments: general characteristic and legal aspect

Bondar A.G.

Abstract

The article discusses various types of modern financial instruments, the currency regulation of which has not currently received proper settlement in the Russian Federation. The authors provide a general description of such technologies as «cryptocurrencies», «cryptocurrency exchanges», «virtual currencies», and «electronic means of payment». The work highlights visible gaps in Russian legislation, reflecting the presence of problems in assessing the legality of the activities of persons involved in the creation, use of modern financial and currency instruments. The authors rightly analyze the current position of the civil and criminal law sectors of the legislation of the Russian Federation, as applied to modern mechanisms of financial and currency transactions applicable to using information and telecommunication networks, including the Internet.
Economic Problems and Legal Practice. 2020;16(4):317-320
pages 317-320 views

Problems of determining the administrative and legal status of persons using electric scooters, segways and other modern technical means of movement

Mishina Y.V.

Abstract

The article is devoted to the problem of legislative regulation of the legal situation of road traffic participants using various modern technical devices as means of transportation on public roads, including electric scooters, segveys, monowheels. The trend towards micromobility, the possibility of rapid movement in the urban environment without congestion and additional time losses, the emergence of companies leasing scooters on the service market have led to a wide popularization of such devices. At the same time, the age range of users of these devices is very wide: from two-three year-old children using mobile devices as means of entertainment, to a solid adult audience using electric scooters to solve issues of transport accessibility. The purpose of the work is to analyze the regulatory framework governing the procedure and conditions for participation in road traffic of persons using modern mobile technical means, to formulate proposals for adjusting the concept of «means of individual mobility» proposed for introduction into traffic rules. The novelty of the study consists in a comprehensive analysis of the theoretical and practical aspects of the use of modern vehicles (personal mobility vehicles) for moving along public roads. As a result of the analysis of normative legal acts, scientific literature, judicial practice, the author identified certain problems of legislative regulation of the area under consideration, formulated signs of means of individual mobility. The author focuses on the existence of difficulties in law enforcement practice related to the imperfection of the legal regulation of the participation in road traffic of persons using sigways and electric scooters, makes proposals for the establishment of additional criteria for classifying devices useed for movement as individual mobility vehicles.
Economic Problems and Legal Practice. 2020;16(4):321-325
pages 321-325 views

Some issues of determining the legal status of territorial bodies of the Federal Agency for state property management

Firsov M.V.

Abstract

This article is devoted to the study of the legal status and legal personality of territorial bodies of the Federal Agency for state property management, as well as to determining their position in the system of state authorities. The relevance of the problems considered in the article is due to modern changes in the structure of Federal Executive authorities in Russia and the increasing importance of state property management as a source of budget revenue generation in a difficult economic situation. Based on the analysis, the article provides a legal justification for the need to improve the model provision on territorial bodies of the Federal Agency for state property management as a fundamental way to improve the efficiency of their work, and formulated specific proposals for its improvement.
Economic Problems and Legal Practice. 2020;16(4):326-330
pages 326-330 views

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