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Том 15, № 6 (2019)

Articles

DIRECTIONS OF DEVELOPMENT OF THE THEORY OF PROPERTY IN THE CONDITIONS OF DIGITALIZATION OF SOCIETY

Loseva O., Fedotova M.

Аннотация

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. 2019;15(6):10-16
pages 10-16 views

STUDY OF THE GENESIS AND DEVELOPMENT OF THE CONCEPT OF HUMAN CAPITAL

Ivanov M.

Аннотация

The work reviews essential contents, origin precondition, fundamental principles of human development that to a great degree specify the focus of study of a growing number of today’s economic thought representatives. Besides, much attention is paid to such issues as structuring of human capital elementary units, and also analysis of most common approaches to integrated assessment of human capital at the national level.
Economic Problems and Legal Practice. 2019;15(6):17-20
pages 17-20 views

DECISION SUPPORT MODEL FOR THE DEVELOPMENT OF INTELLECTUAL CAPITAL OF A DIGITAL ENTERPRISE

Abdikeev N., Grineva N.

Аннотация

Speaking about rapid growth of digitalization, one of the key problems in adaptation to new realities is the necessity to transform approaches to develop intellectual capital based on the implemented valuation methods and models. The following tasks are set and worked out in the article: 1) structural units as object modeling, systematic description of the object, the purpose of modeling and the principles of modeling using PF were identified; 2) conditions for the application of production functions theory for a digital enterprise are determined; 3) application of the production functions theory for modeling the activities of digital enterprise is justified; 4) decision-making model for the development of the intellectual capital of digital enterprise from the perspective of modeling a production function is developed. Materials and methods. Materials of research on the Russian Foundation for Basic Research’s grant No. 19-010-00698 on the topic: «Development of the theory of intellectual capital and methods for assessing it in the context of economics of digitalization» were used in the article. When modeling specific production function, econometric modeling approach was used. To implement the scenario approach, the method of expert assessments is used. Results. Enterprises need to identify the methods and forms of personnel management that will determine the motivation of employees according to new market requirements. There was developed new approach of modeling the distribution of investments between intellectual capital and the field of R&D. And model for the formation of optimal strategy for the intellectual capital’s effective management of digital enterprise is proposed. As a result direct recommendations for the strategic management of the enterprise are developed. Conclusions. The priority area for a digital enterprise to increase efficiency is not only the growth of investments in research and development, but also the improvement of the quality of the intellectual capital structure. Skills development, increasing employees’ motivation are the best strategy in management decisions in digital enterprise.
Economic Problems and Legal Practice. 2019;15(6):21-25
pages 21-25 views

COGNITIVE MODEL OF DECISION SUPPORT FOR THE FORMATION AND DEVELOPMENT OF INTELLECTUAL CAPITAL OF A DIGITAL ENTERPRISE

Abdikeev N., Losev A.

Аннотация

Digital transformation of the business processes of an existing enterprise is an expensive process due to the need to maintain production on existing technologies for some time and simultaneously launch them in digital format. The problem of choosing a business process for digital transformation requires taking into account the use of a particular competency or technology in any of the business processes and conducting additional research. The formation of the knowledge base, which is the intellectual capital of the enterprise, plays a decisive role in the transition to a digital enterprise and allows you to calculate various scenarios of digital transformation of individual business processes. Using a cognitive model based on a knowledge base, it becomes possible to build a roadmap for the digital transformation of an enterprise. The article discusses the evolution of methods for building knowledge bases and corporate architecture, taking into account modern approaches to digital transformation of business processes, as well as the formation and development of the intellectual capital of a digital enterprise using cognitive modeling.
Economic Problems and Legal Practice. 2019;15(6):26-31
pages 26-31 views

MODELS OF FORMATION AND EVALUATION OF INTELLECTUAL CAPITAL OF THE EMPLOYEE IN THE TRANSITION TO THE SIXTH TECHNOLOGICAL ORDER

Loseva O.

Аннотация

With the change of technological structures and stages of social development, the role of individual components of human capital in achieving the success of the functioning of both the organization and the individual employee changes. As the very nature of work becomes more and more intellectual, the intellectual component of human capital comes first. In this regard, new models of formation and evaluation are needed to determine the quality and value of the employee's intellectual capital, as well as recommendations on institutional support for human capital development to improve the efficiency of innovative activities of companies. The article sets and solves the following tasks: 1. The features of the new technological order, forming the needs for the development of intellectual capital of the employee, are studied; 2. The structure of human intellectual capital, including natural (genetically specified) and artificial (productive) parts, is proposed; 3. Models of estimation of quality of intellectual potential of the worker and cost estimation of its intellectual capital are developed; 4. The mechanism of formation and development of intellectual potential of the worker is offered, and also recommendations on institutional support of scientific shots are given. Materials and methods. The article uses normative-legal and statistical materials concerning the development of human capital in Russia. In their study, methods of analysis and synthesis, generalization, systematization and comparison were used. To assess the human intellectual capital used modeling methods, cost approach to cost estimation, the method of construction of integral indicators. Results. The result of the study is a specific methodological tools to assess the level of development of intellectual potential and the cost of intellectual capital of the employee, as well as a set of recommendations aimed at the formation of scientific personnel that meet the needs of the sixth technological order. Summary. The proposed models and recommendations for the formation and evaluation of the intellectual capital of the employee should be introduced into the practice of Russian companies, primarily high-tech business in order to improve the efficiency of innovation and ensure a successful transition to a digital society.
Economic Problems and Legal Practice. 2019;15(6):32-40
pages 32-40 views

APPLICATION OF EXPERT DECISION-MAKING METHODS (MAI) AS A TOOL FOR CHOOSING A LOGISTICS STRATEGY

Komakhina A., Denisov D.

Аннотация

The article considers the method of hierarchy analysis as a tool for determining the development strategy of the organization. The peculiarity of this article is the use of expert methods of decision-making in combination with formal methods used to identify the relationship between quantitative or qualitative indicators, on the basis of which the authors build a rationale for making a choice and draw conclusions about the appropriateness of the proposed approach.
Economic Problems and Legal Practice. 2019;15(6):41-46
pages 41-46 views

SCHEDULING AS A TOOL FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE STRUCTURE AND CONTENT OF THE STRATEGIC DEVELOPMENT PROGRAM OF THE TRANSPORT AND LOGISTICS COMPANY

Komakhina A., Denisov D.

Аннотация

The article discusses the use of scheduling as a tool for the development and implementation of a strategic development program for a transport and logistics company, including determining its structure and content, as well as the timing of the planned steps based on the construction of a typical timeline for checking the progress of work, including using modern information technology, and the form of a plan for monitoring the process of developing and implementing a strategic development program for transport logs Static company, designed to ensure the adoption of timely management decisions to regulate the progress of work. The article proves the feasibility of using scheduling as a tool to achieve the planned indicators in the framework of the strategic development program in view of the objectification of the control function of the timing of work and the possibility of regulating managerial impact to adjust the given process.
Economic Problems and Legal Practice. 2019;15(6):47-51
pages 47-51 views

REFORMING HOUSING AND PUBLIC UTILITIES MANAGEMENT IN RUSSIA: TRENDS AND PROBLEM

Rokotyanskaya V.

Аннотация

The housing and utilities sector is one of the most important areas of the economy of any country. The housing and communal services should be safe and efficient, and the situation throughout the industry should be optimal. The current study is relevant due to a crisis situation in the public utilities sector of the Russian Federation that lasts very long time. This raises serious concerns, since the housing and utilities sector constitutes one of the critically important areas of the national economy and all the vital activities of the population depend on its state. The article identifies the main features of housing and utilities management. It considers the essence and concept of housing and utilities, analyzes the specifics of foreign experience in managing housing and utilities, identifies the problems of housing and utilities services in Russia, and considers the mechanisms and methods for this sector’s management.
Economic Problems and Legal Practice. 2019;15(6):52-59
pages 52-59 views

INCOME TAX ISSUES IN THE PROVISION OF ECONOMIC SECURITY OF THE RUSSIAN REGIONS

Smirnov V.

Аннотация

The article discusses issues related to the threat to the economic security of the Russian tax system, including ensuring the collection of one of the most important regional taxes - individual income tax. One of the factors threat - low budget revenues. The article describes the current procedure for paying individual income tax in Russia, identifies its main drawbacks, considers the pros and cons of a possible transition to the payment of tax to the regional budget at the place of residence (registration) of the taxpayer.
Economic Problems and Legal Practice. 2019;15(6):60-63
pages 60-63 views

ACCOUNTING AND ANALYTICAL ASSESSMENT AND AUDIT OF THE LEVEL OF QUALIFICATION OF PERSONNEL IN ASSESSING THE COMPETITIVENESS OF THE UNIVERSITY

Kashirskaya L., Sitnov A.

Аннотация

Task. The article considers theoretical and practical aspects of the analysis of the level of staff skills and competencies of the Universities, which must be measured according to certain indicators, taking into account the specific nature of the activities, to monitor its changes and to find out where problems arise. The problem is that the achievement of the planned strategic goals of the University is impossible without a significant change in the system of motivation of University employees in accordance with the new approaches introduced by the Ministry of education and science of the Russian Federation. Model. In order to confirm these aspects, the article investigates the problem of accounting and analytical assessment of the level of qualification of personnel in assessing the competitiveness of the University based on and covering the pedagogical, scientific, technical and entrepreneurial spheres of its functioning. Summary. It is concluded that the forecast of development of the main professions indicates the need for accumulation of qualification and professional component of human capital, there is a need for highly qualified technical specialists, middle-level specialists and workers, redistribution of offers in the market of educational services towards the most competitive Universities capable of producing specialists of new professions.. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at strengthening the emphasis on auditing in the audit of this segment of the activities of modern Universities. Originality. The authors ' study has revealed that proposed in the article the indicators and working document reflecting the results of accounting and analytical assessment and audit of personal skill level will allow not only to carry out external monitoring of the activities of the University and its competitiveness, but also to structure the process of internal control competence of staff in higher education institutions in the conditions of information society.
Economic Problems and Legal Practice. 2019;15(6):64-69
pages 64-69 views

EVALUATION OF FINANCIAL INSTRUMENTS: PROBLEMS AND SOLUTIONS

Grishkina S., Sidneva V.

Аннотация

Task. The article presents an analysis of modern problems of valuation in reporting of financial assets and liabilities based on the fair value concept presented in IFRS 13. The development trends of valuation methods and requirements for financial assets and liabilities accounting in national and international financial reporting standards are investigated. The application of the International Financial Reporting Standard (IFRS) 9 (mandatory introduction from January 1, 2018), which requires the use of a new classification of financial instruments and a model for recognizing expected credit losses, is analyzed. The authors provide an analysis of the practice of applying the new rules in the reporting of Vnesheconombank Corporation and the group of companies in the oil and gas sector is examined and their influence on the financial performance of companies is revealed. The scientific analysis conducted by the authors is carried out taking into account the current state of development of accounting principles and rules in the system of Russian and international standards. Model. The authors pay attention to the methodological aspect of the justification of appropriate methods for assessing financial instruments based on the available information base, taking into account possible models for constructing forecast indicators. Summary. Based on the results of the study, the main directions of activity in the field of solving problems arising in the process of evaluating financial instruments and the requirements for the formation and disclosure of appropriate methods for determining an estimate at fair value are formulated. Practical importanc. The purpose of the study is to disclose the mechanism for creating an information base to justify appropriate methods for assessing financial instruments, including a reserve for expected credit losses. Originality. As a result of the analysis of the theory and practice of assessing financial instruments in Russian and international practice, methodological approaches to the formation and disclosure of information related to the assessment of financial assets in terms of using the “expected credit loss” model were substantiated.
Economic Problems and Legal Practice. 2019;15(6):70-74
pages 70-74 views

INTERNAL CONTROL: THE PROCESS OF PARTICIPATION OF THE INSURANCE COMPANY IN THE PERFORMANCE OF OBLIGATIONS UNDER GOVERNMENT CONTRACTS

Turgaeva A.

Аннотация

Task. The article deals with the problem caused by the entry into force of the law on the contract system in the field of procurement, which will have a significant impact on the results of internal control on the activities of both insurers and policyholders. The need to introduce on a permanent basis internal control of the activities of insurance organizations due to the participation of insurance companies in the performance of obligations under government contracts. This will require them to adjust the processes of all departments. The purpose of the article is to develop regulations for the process of participation of insurance companies in the performance of obligations under government contracts. Model. The article examines the current trends of internal control in insurance companies Summary. The issues of improving internal control in insurance companies, in particular the verification of the business process of liability insurance of suppliers of government contracts, require a systematic approach. Stricter requirements for suppliers of goods and services under the state order leads to a more thorough inspection of both policyholders and insurers. The introduction of internal control over the process of accounting for liability insurance contracts for the execution of state contracts by suppliers of goods and services is timely and appropriate. The lack of development of the system of verification of such business process in insurance companies, the lack of universal regulations of this process for all insurers reduces the effectiveness of internal control, does not allow to achieve the purpose of verification in respect of counterparties. All this leads to great risks and threats of an economic nature in the first-place insurance companies, and subsequently customers under the state contract. Practical importance. The findings lead to an understanding of the study of all elements and aspects of internal control in insurance companies, improving its quality and preventing the identification of errors during the state audit of contractors in their state orders and contracts. The scope of application of the research results is the internal control of accounting, analytical and insurance activities of insurance companies. It is necessary to improve both the regulation of the internal control process of insurance companies and to develop it in relation to the accounting of insurance contracts concluded by suppliers of goods and services under the state contract. The proposed measures of verification of such counterparties can be taken as a basis for internal control in insurance companies. Originality. As a result of the study of the issue related to the internal control of insurance companies as participants in the performance of obligations under state contracts, specific actions were proposed to check potential policyholders of responsibility for the performance of obligations under the state contract.
Economic Problems and Legal Practice. 2019;15(6):75-82
pages 75-82 views

THE INFLUENCE OF THE MECHANISM OF FUNCTIONING OF INSURANCE ORGANIZATIONS ON THE STAGES OF INTERNAL CONTROL

Turgaeva A.

Аннотация

Task. The author presents the mechanism of the insurance market in modern conditions, the rationale and focus on insurance as a separate and relevant industry. Studying by the author of the mechanism of the insurance market and its structure, sources of income, financial flows, it will help to understand the methodology for conducting internal control of insurance companies, identify shortcomings and risks, develop documentation on specific features for more effective internal control. The scientific analysis conducted by the author is carried out taking into account the specifics of the activities of insurance companies. Much attention is paid to the structure of the new generation insurance market. For the implementation of economic control, you need to know the types of functioning of insurance organizations, and one of the stages of economic control is an internal audit of all business processes in the company. The author describes all participants in the insurance market. The presented structure of the insurance market is related to state regulation. Model. The author paid attention to the industry aspect of the insurance market, highlighting the features of the services of insurance companies, the stages of the mechanism of the insurance market with the aim of influencing it on the stages of internal control. Summary. Issues that remain unexplored are discussed, despite the extensive interest in creating an insurance portfolio for the enterprise. The largest share in the work is occupied by the question and suggestions related to the enterprise insurance protection system, insurance programs for enterprises, which should ensure the reform of the insurance coverage of enterprises with respect to defaults on the part of insurance companies, coordination of changes in the complex of risks and financial condition of both parties. Practical importance. The purpose of the study is to form a picture of the modern insurance market, to identify the degree of sufficiency of limited financial resources, to determine the main sources of financial inflow of the insurer. This work is the initial stage of the study of internal control in insurance companies. Originality. As a result of a study of the modern structure, financial flows of insurance organizations, stages of checking financial flows in insurance were proposed.
Economic Problems and Legal Practice. 2019;15(6):83-91
pages 83-91 views

IMPACT OF IFRS ON FINANCIAL REPORTING PRACTICES IN TAJIKISTAN

Mirzoaliev A.

Аннотация

Task. The study examined the impact of the international financial reporting standard (IFRS) on the financial reporting practices of public interest entities in Tajikistan. Data were collected from the accounting profession of 50 different enterprises using a structured questionnaire and analyzed using statistical methods. Potential advantages of IFRS implementation are defined, the main problems and prospects of application of international standards in Tajikistan are established. The purpose of this study is to determine the impact of IFRS in ensuring the necessary transparency and reliability of financial statements of subjects of public interest in Tajikistan. Model. The article examines the current trends in the standardization of financial statements, taking into account the possible impact of IFRS. Summary. The study recommended that the regulator initiate awareness-raising campaigns on the potential implications of adopting IFRS in Tajikistan. It also States that the government should support the adoption of IFRS by the country, especially in the area of enforcement as a matter of urgency, in order to make better use of the country's economic potential. Practical importance. The results showed that IFRS provide regulators with better information than national accounting regulations (average = 4.72). The analysis also showed that IFRS directly affect how revenues and other key aspects of the business are accounted for and accounted for (average = 4.68). In addition, the results of the study showed that: - changes in business processes and operations, the financial position of companies and the reduction in the cost of financing will be significant in the application of IFRS; - financial statements prepared in accordance with IFRS improve best practices in corporate governance; - financial statements prepared in accordance with IFRS provide more benefits than previous national accounting regulations; - compliance with IFRS facilitates foreign investment and access to it; - compliance with IFRS will allow companies to improve their performance relatively. Originality. As a result of the study of the issue related to the implementation of IFRS, a number of regulators and users of financial statements were proposed specific actions for the implementation of IFRS, taking into account the realities of the business environment and the economy.
Economic Problems and Legal Practice. 2019;15(6):92-98
pages 92-98 views

METHODS OF RESEARCH OF THE NATIONAL TRANSPORT SYSTEM

Karabasheva M.

Аннотация

Task. In this article, the transport system is analyzed as a complex system with all the features characteristic of this system, which allows you to determine the application of methods of system and operational analysis in the study of the National transport system and its elements. The problems of studying the theory of transport complex systems are discussed. Classification of these systems and their characteristics. Classification of transport complex systems consists in a clear definition of these systems as objects of management. Such classification should be justified by certain technological and theoretical indications, which also include signs of differentiation of system management issues, determined by temporal coordination with the hierarchy of management arising from the hierarchical structure of complex systems. Another purpose of the classification is a clear definition of the main external and internal links of transport systems, which are generally expressed by the systematization of previous and required information necessary to manage the interaction of these complex systems on the territorial and temporal aspects. The article presents some scientific and methodological problems of transport systems. It also describes the methods of system analysis used in the study of the development of the Lithuanian freight transport system. Model. The article investigates the methods of research of transport systems. Summary. The purpose of transport research is to analyze the functioning of the transport system, the changes occurring in it and the preparation of evidence-based tools that allow the system to be rebuilt in accordance with changes in the situation. The article focuses on 3 types of transport: road, rail and water. For the choice of transport systems, methods of management of rational development of national freight traffic and the main technological schemes, the study uses the theory of research of functioning and other mathematical methods. Also, during the study of the problems of functioning of the transport system, preparation of the development program, decision-making, it is proposed to apply a certain scheme of system analysis, which consists of seven points. Based on the analysis, it is established that at the first stage, according to the indication of structuring, four types of tasks are designated: standard, well-structured, poorly structured and unstructured. In conclusion, it is proposed to provide a number of operations for the study of the transport system Practical importance. The findings lead to an understanding of the current state of transport systems, their advantages and features. The field of application of the results of the study is the national transport system. For comparison of various national transport systems, assessment of the transport system of the Russian Federation, specification of pain points of the transport system, determination of investment priorities necessary for the development of the transport system, etc., it is necessary to characterize the state of the transport system using an adequately formed set of indicators. Characterization should be based on the principles of system analysis, while indices should assess the role of transport and its specific nature Originality. As a result of the study of the issue related to the assessment of the transport system, specific operations were proposed to improve the efficiency of transport, through the use of reserves of economic and technical potential.
Economic Problems and Legal Practice. 2019;15(6):99-106
pages 99-106 views

ELECTRONIC WORKFLOWS AND TAX CONTROL IN THE INFORMATION SOCIETY

Bubnova M.

Аннотация

Task. Any controlling activity aspires to the greatest efficiency. One of the effectiveness factors is the reliability of the information, which is provided to the controlling parties. Due to advances in information technologies, controlling activity has acquired a new format - electronic workflows systems. Model. The article examines the current trends of tax control in the information society. Summary. In conditions of developing the information society, there is an increasing demand for a transition to a quickly accessible and reliable information. Electronic document management approaches the indicated criteria and ensures the most «correct» result of information transferring. Practical importance. Different departments of authorities have been trying to optimize their work through complete switch to electronic documents. Thus, more and more attention is paid to the development of information platforms that facilitates in organization controlling and other types of activities of named public relations subjects. Originality. As a result of the study of issues related to electronic workflows in the tax authorities of the Russian Federation, comparative information platforms were analyzed. Conclusions were drawn about their effectiveness.
Economic Problems and Legal Practice. 2019;15(6):107-110
pages 107-110 views

RETROSPECTIVE ANALYSIS OF THE BITCOIN CRYPTOCURRENCY PAYMENT SYSTEM: FINANCIAL AND IT ASPECTS

Kochkarov A., Osipovich S., Kochkarov R.

Аннотация

The paper describes a retrospective analysis of the Bitcoin cryptocurrency payment system conducted by the authors. The proposed analysis discusses the financial and information technology aspects of abnormal manifestations in the electronic transaction sequence of the Bitcoin cryptocurrency payment system. The authors proposed an approach for the analysis of such anomalous manifestations based on the concepts of applied graph theory. The conclusion is substantiated that the proposed approach will allow us to formulate methods (algorithms and techniques) for the early warning of illegal actions in cryptocurrency payment systems.
Economic Problems and Legal Practice. 2019;15(6):111-115
pages 111-115 views

APPLICATION OF THE MATHEMATICAL APPARATUS OF THE THEORY OF PETRI NETS TO THE SOLUTION OF THE PROBLEMS OF MODELING «ROAD MAP» OF DEVELOPMENT OF ECONOMIC SYSTEMS

Petrosov D., Feklin V.

Аннотация

The paper considers the possibility of applying the mathematical apparatus of the theory of Petri nets to the solution of the problem of modeling the «road map» for the development of economic systems. For this, it is proposed to use such a mechanism of the selected toolkit as the reachability tree. This mechanism allows us to provide for analysis all possible markings and solve one of the main tasks of the analysis of Petri nets - the reachability problem.
Economic Problems and Legal Practice. 2019;15(6):116-119
pages 116-119 views

ASSESSMENT OF THE IMPACT OF BASEL III REQUIREMENTS ON THE QUALITY OF BANK CAPITAL IN THE CONDITIONS OF REORGANIZATION BY THE REGULATOR

Belyanchikova T.

Аннотация

In recent years, international organizations and national regulators have been actively developing new standards to prevent crises and improve banking stability. However, the practical implementation of the standards is not final. This article is devoted to the analysis of the impact of new requirements in the field of quality control and capital adequacy of banks, the introduction of additional parameters of the risk burden on the business activity of the banking sector.
Economic Problems and Legal Practice. 2019;15(6):120-122
pages 120-122 views

REGULATORY PRINCIPLES OF THE HUMAN RIGHT TO HEALTH IN THE CONSTITUTIONS OF FOREIGN COUNTRIES

Shvets Y.

Аннотация

The article is devoted to the coverage of the guiding principles of the human right to health protection in the constitutions of foreign countries, primarily to the Member States of the European Union. The concept and essence of the principles of the right to health protection are defined; the analysis of the constitutional principles of the right to health care in some foreign countries, as well as the fundamental principles defined by international organizations. Proposals have been developed to improve the constitutional principles of the right to health in Ukraine.
Economic Problems and Legal Practice. 2019;15(6):123-126
pages 123-126 views

CAPITAL REPAIR FOUNDATION FORMATION ON THE SPECIAL ACCOUNT AS ONE OF THE WAYS FOR EFFECTIVE ORGANIZATION OF A CAPITAL REPAIR

Epifanova T., Kovaleva O.

Аннотация

The relevance of the article is determined by the legal and social significance of the organization and implementation of capital repairs in apartment buildings, a part of which is the formation of the capital repair Fund on a special account. The study is based on the consideration of relevant issues and identification of gaps in the legislation regulating relations with the special account within the framework of the capital repair system in the Russian Federation. The research aims to identify features and problems in the way of formation of Fund capital repair and determination of its efficiency for apartment owners are responsible to protect the common property of an apartment house. The purpose of the study is to identify and analyze problematic issues on the subject of the article, which are not regulated by the current housing legislation. With a broad and developed legal regulation of the organization of capital repairs, it may be noted there are gaps in the legislation. The result of the study is a proposal to amend the housing legislation, which determines the direct responsibility of the owner of a special account for major repairs.
Economic Problems and Legal Practice. 2019;15(6):127-129
pages 127-129 views

DEBT RELIEF THROUGH CREDITORS’ REPAYMENT PLAN IN POLAND

Adamus R.

Аннотация

Consumer bankruptcy is a relatively new institution in Poland. It has been functioning in the Polish legal system since 2008. The serious amendment to the provisions on consumer bankruptcy made by the Act of 30 August 2019 amending the Act - Bankruptcy Law and some other acts (Journal of Laws 2019 item 1802) will certainly have a significant impact on the remarkable increase in the number of bankruptcy cases. The debt relief of an insolvent natural person non conducting business activity is possible by canceling the debtor's obligations by court order in a separate procedure after the repayment plan has been completed. The debt relief mode discussed in this paper can be described as "classic". Other modes of debt relief have the value of modifying the general pattern. The paper discusses grounds for establishing the creditors’ repayment plan, detailed prerequisites for the length of exercising of the repayment plan, legal effects of establishing the repayment plan. There are also remarks on proceedings for changing the repayment plan (which refers to the institution of the rebus sic stantibus clause known to civil law and to the change of the arrangement concluded under bankruptcy and restructuring law) and on repeal of the repayment plan resulting in no debt relief. Finally the paper deals with order confirming the implementation of the repayment plan and remitting the liabilities. The study could be useful for comparative law works.
Economic Problems and Legal Practice. 2019;15(6):130-136
pages 130-136 views

MODES OF DEBT RELIEF FOR CONSUMERS IN POLAND

Adamus R.

Аннотация

Consumer bankruptcy has been functioning in the Polish legal system since 2008. The serious amendment to the provisions on consumer bankruptcy made by the Act of 30 August 2019 amending the Act - Bankruptcy Law and some other acts (Journal of Laws 2019 item 1802) will certainly have a significant impact on the remarkable increase in the number of bankruptcy cases. Insolvency of natural persons - consumers is a typical social phenomenon, which has a very different background. It can be caused by a sudden change in the life situation related to e.g. deterioration of health, loss of a well-paid job, divorce, death of a spouse, termination of unformal relationship with a partner. Many people are the victims of a culture of consumption, etc. Some debtors have become insolvent because they are the victims of some sort of a life trap, guarantee of someone else's debt, fraud, unsuccessful investment, etc. Gambling, alcoholism and drug addiction are the driving forces of insolvency. A relatively large group of debtors are former entrepreneurs and former members of management boards responsible for the obligations of a capital company. Because the reasons for insolvency are different, legal systems limit the possibility of debt relief only for debtors who meet certain criteria of payment morality. This short study refers only to legal aspects related to debt relief under consumer bankruptcy in Poland.
Economic Problems and Legal Practice. 2019;15(6):137-142
pages 137-142 views

SOCIAL ENTREPRENEURSHIP IN THE BRICS COUNTRIES

Koncheva V.

Аннотация

The article considers social entrepreneurship as one of the actual directions for economic development. Social entrepreneurship is a relatively new phenomenon and today occupies a special position in the construction of the economy of a number of States. In particular, social entrepreneurship is one of the issues discussed at the BRICS platform. The peculiarity of the current state of social entrepreneurship in Russia is the lack of regulation and lack of developed own experience. The article considers the experience of the BRICS countries in the organization of social entrepreneurship.
Economic Problems and Legal Practice. 2019;15(6):143-147
pages 143-147 views

ON THE SYSTEM OF LEGAL REGULATION OF PRODUCTION AND CONSUMER COOPERATIVES

Skvortsova T., Romanishko D., Huseynov M.

Аннотация

This article is devoted to the study of the system of legal regulation of production and consumer cooperatives in the legislation of Russia. Cooperatives of various kinds, especially consumer cooperatives, are spread all over the world. They are the engine of economic development in many European countries. In the Russian Federation, the legal regulation of production and consumer cooperatives requires systematization and modernization. The article investigates the place of production and consumer cooperatives in the system of corporate legal entities, analyzes the system of legal acts regulating their activities. Based on the results of the study, the authors propose ways to systematize the legal regulation of production and consumer cooperatives. This, according to the authors, will streamline the system of legal regulation of production and consumer cooperatives of various types and thereby facilitate law enforcement in the area under consideration.
Economic Problems and Legal Practice. 2019;15(6):148-151
pages 148-151 views

COPYRIGHT FOR SCIENTIFIC DEVELOPMENTS IN ARTIFICIAL INTELLIGENCE IN CHINA: LAW AND ENFORCEMENT PRACTICE

Sviridova E.

Аннотация

The article is devoted to a relatively right-wing analysis of the peculiarities of protection and protection of copyright rights in the territory of China and the Russian Federation. The article analyses the rules on exemption from liability of information intermediaries in Russia and China. China 's new e-commerce law is being analysed in terms of the liability regime for e-commerce platform operators. A comparison of Chinese and Russian judicial practice was made with a view to establishing criteria for determining the fact of copyright infringement, on the basis of which it was concluded that the judicial approaches of the two countries differ in this matter, explained by the prevailing doctrine in Russian civilistics of the impossibility of parallel creativity in copyright.
Economic Problems and Legal Practice. 2019;15(6):152-156
pages 152-156 views

ACQUISITION OF OWNERSHIP OF LAND BY MEMBERS OF GARDENING, GARDENING AND DACHA NON-PROFIT ASSOCIATIONS: ENFORCEMENT ISSUES

Malysheva A.

Аннотация

The article is devoted to the analysis of issues arising in the resolution of disputes related to the provision of land to members of horticultural, horticultural and suburban associations. On the basis of the judgments rendered on the considered disputes, the circumstances serving as the basis for refusal of authorized body to the citizen in granting the land plot in property free of charge are revealed and their legal assessment is given. It is concluded that the membership book of the gardener can serve as proof of the allocation of land for use and that the right of a member of a horticultural, horticultural or suburban non-profit Association to purchase a land plot cannot be made dependent on the payment of taxes and membership fees.
Economic Problems and Legal Practice. 2019;15(6):157-159
pages 157-159 views

TO THE QUESTION OF PROBLEMS OF FORMATION OF LAND PLOTS

Malysheva A., Vorozheikin I.

Аннотация

The article deals with the problems of legal regulation of legal relations in the field of education of land plots. Attention is drawn to the issue of meeting the established legal requirements for the formed land plots, the lack of order and conditions section of the land created by artificial means. The uncertainty of the legal nature of the term "redistribution" characterizing the method of formation of the land plot and the difficulties of implementing this method is noted. It is concluded that it is necessary to settle relations on the unification of two or more land plots in cases where one of them is in common joint ownership, and the other belongs to several persons on the right of common shared ownership.
Economic Problems and Legal Practice. 2019;15(6):160-161
pages 160-161 views

INHERITANCE CONTRACT AS A NEW BASIS FOR INHERITANCE IN RUSSIAN CIVIL LAW

Gasanov N.

Аннотация

The relevance of the topic of the article is due to the novelty of the interpretation and application in practice of the provisions of the inheritance contract, which is a new legal construction for Russian law, introduced in civil law by the Federal Law of 19.07.2018 № 217-FZ "On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation". The author notes that the adoption of such an unusual legal construction for Russian law has led to numerous contradictions and gaps in the current legislation, the main ones of which are addressed in the article. At the same time, the author concludes that the introduction into the domestic legislation of the provisions providing for the possibility to conclude inheritance contracts is an important step towards the development of inheritance law, it is laying the foundation for further expansion of legal opportunities provided to the participants of inheritance legal relations.
Economic Problems and Legal Practice. 2019;15(6):162-164
pages 162-164 views

REFORM OF SOLID MUNICIPAL WASTE MANAGEMENT SYSTEM IN RUSSIA, PROBLEMS AND CONSEQUENCES

Nardid D., Ulezko A.

Аннотация

The purpose of this study is to analyze the practice of introducing a new system of solid municipal waste management in Russia. Conclusion: the introduction of the new system is premature, all the problems that arise can be eliminated only in the process of practical implementation of the reform.
Economic Problems and Legal Practice. 2019;15(6):165-166
pages 165-166 views

REAL RIGHT OF THE DEVELOPMENT OF AN OUTSIDE LAND PATCH IN MODERN EUROPEAN LAW

Zakharov A.

Аннотация

The article is devoted to the legal regulation analysis of the institution of limited property rights for the development of an outside land in a number of European countries.
Economic Problems and Legal Practice. 2019;15(6):167-170
pages 167-170 views

FIRST STAGE OF TAX PROCESS - ESTABLISHING TAX OBLIGATION

Berezin M.

Аннотация

The article focuses on the development of tax process in the Russian tax law, analyzes tax legislation before the tax reform and RF Tax Code Part 1, fixes the existence of tax process successively and inseparably in time, proves the inadmissibility of mixing lawmaking process and tax process, underlines the dominant effect of tax process on lawmaking process in the first stage of tax process, reveals the subjects and peculiarities of legal contents of the first stage of tax process.
Economic Problems and Legal Practice. 2019;15(6):171-175
pages 171-175 views

FEATURES OF THE FINANCIAL AND LEGAL STATUS OF BANKS WITH A BASIC LICENSE

Bishel A.

Аннотация

Currently, the Russian banking system has undergone reforms, this determines the need for a scientific understanding of the division of banks into banks with a basic and universal license. Purpose of work it is a study of the features of the financial and legal status of banks with a basic license, in connection with which the following elements are distinguished tasks: to consider the formation of the Russian banking system at the current stage; to study the features of the financial and legal status of the basic banking license; to get acquainted with the difference between banks with universal and basic licenses; to determine the prospects for the development of the Russian banking system in the transition to proportional regulation. The methodological framework the research consisted of both General scientific methods and special legal methods. Results: the study of the financial scientific approach-legal regulation of the author's position, allowing the Bank of Russia to determine the prospects for the development and development of the banking system. Conclusions: the application of financial and legal regulation of the banking system in the form in which it is applied by the legislator will inevitably strengthen the role of large banks and increase financial resources in a narrow circle of the banking sector. The influence of the state is growing on the work of banks, which indicates the need to strengthen the state's responsibility for mistakes in decision-making concerning the development and strengthening of the banking system. Supporting banks of systemic importance at the expense of the budget, the state must justify the feasibility and effectiveness of decisions.
Economic Problems and Legal Practice. 2019;15(6):176-181
pages 176-181 views

IMMORAL MISCONDUCT AS THE BASIS FOR TERMINATION OF THE EMPLOYMENT CONTRACT OF A PEDAGOGICAL WORKER OF A GENERAL EDUCATIONAL ORGANIZATION

Markov R., Kalinina E.

Аннотация

Introduction. Labor legislation provides for special regulation of labor relations with certain categories of workers, based on the characteristics of their professional activities, including the establishment of special grounds for terminating an employment contract on the initiative of the employer. Thus, workers working in the field of general education have a disciplinary responsibility in the form of dismissal for an immoral offense. However, despite the justification for terminating the employment contract with the teacher who committed an immoral offense, it does not remain fully understood what is specifically meant by these grounds. Materials and methods. The article uses federal legislation, by-laws, legal practice materials of courts of general jurisdiction. Among the methods used are comparative legal, technical legal, formal legal. Results. The Labor Code of the Russian Federation does not contain a legal definition of the term «immoral misconduct», which introduces uncertainty into the process of law enforcement. The determination of the criteria for the immorality of misconduct by pedagogical workers rests with the law enforcers themselves - the leadership of educational institutions. As a result of this assessment of the immorality of human behavior may vary depending on the region of the country and even a specific person, thereby allowing the absolutely opposite qualification of the same act. Conditions are created for abuse of law. The absence of clear criteria for immoral behavior compels us to consider such options for improving labor legislation as 1) clarification of the legal category «immoral misconduct» through legislative consolidation of qualifying characteristics; 2) the decision to dismiss an employee for an immoral act takes place with the obligatory consent of the elected body of the primary trade union organization; 3) development of guidelines for the dismissal of workers performing educational functions, as a result of immoral misconduct, incompatible with the continuation of this work. Summary. The proposed measures to improve labor legislation will not only guarantee the rights and safety of students, but also more fully protect the labor rights of teachers in secondary schools.
Economic Problems and Legal Practice. 2019;15(6):182-186
pages 182-186 views

CHILD CONSERVATION AND INFORMATION SECURITY OF CHILDREN

Antonyan E.

Аннотация

This article is devoted to the issue of children's information security in the framework of the policy of the Russian Federation aimed at child conservation. The protection of the child, his vital interests is one of the main goals of the welfare state. The problem of childhood savings is explained by the scale of global crises that shake the modern world, unsolved problems within each society, many of which are caused by technological changes in the surrounding reality and the unpreparedness of people for these changes and is a combination of axiological, systemic, personality-oriented, environmental, activity approaches as a methodological the basics of modeling the process of forming a child’s personality in order to create a safe, ivayuschey children living environment, their development and socialization.
Economic Problems and Legal Practice. 2019;15(6):187-189
pages 187-189 views

SOME PROBLEMS OF CRIME PREVENTION IN THE FIELD OF HOUSING AND COMMUNAL SERVICES

Bystrova J.

Аннотация

This article is devoted to the problem of crime prevention in the field of housing and communal services, the features of their identification, the criminological characteristics of its individual elements. The article reveals in detail the reasons for the commission of the economic crimes in question based on the materials of the criminal cases studied by the author; it analyzes the trends in the development of crime in the housing sector at the present stage. The article analyzes some of the problems of crime in the housing and utilities sector. The key problem is the compensation for damage caused by crimes in the housing sector and the increasing incidence of criminal bankruptcies of organizations. The author highlights the problems associated with the unresolved issues related to the housing sector. In particular, the debt of the management company to suppliers of energy resources is not the basis for inspections of its financial and economic activities by control bodies. The author analyzes the factors that significantly hamper the development of this sector of the economy in the modern period. The main factor is criminalization that may be attributed to the group of highly risky (in terms of criminal threats) industries. The analysis allows us to conclude a slight quantitative decrease in crimes in the economic sphere. But there is a change in its qualitative component, that is the commission of crimes by organized groups.
Economic Problems and Legal Practice. 2019;15(6):190-193
pages 190-193 views

CIVIL AND CRIMINAL LAW MEASURES OF PROTECTION OF PROPERTY RIGHTS OF CREDITORS FROM ILLEGAL ACTIONS OF THE BORROWER AT THE CONCLUSION AND EXECUTION OF THE CREDIT DEAL

Sultanova N.

Аннотация

The article discusses the controversial problems of the use of civil and criminal law means of resolving the conflict between the lender and the unscrupulous borrower who committed illegal actions in the conclusion or execution of a credit transaction. Based on the analysis of legislation, judicial practice and scientific literature, the author refutes the proposals for the decriminalization of credit crimes under Art. 159.1, 176, 177 of the Russian Criminal code and makes proposals aimed at improving the efficiency of criminal and civil protection of creditors interests. The article may be of interest to scientists, law enforcement officers and other persons interested in the problems of credit crimes.
Economic Problems and Legal Practice. 2019;15(6):194-196
pages 194-196 views

FORECAST OF INTERNATIONAL LEGAL PERSONALITY FORMALIZATION IN NEW POLITICAL SPACES: AIRSPACE AND OUTER SPACE

Nikiforov S.

Аннотация

The purpose and objectives. The main goal is to predict the key problems of formalizing international legal personality in new political spaces, in particular in the Earth's atmosphere and outer space. To achieve this goal, the article aims at analyzing the modern international legal framework governing the development of international legal personality in the air space and outer space, as well as studying the key trends in their formalization at the modern historical stage of the development of society. Methodological approach. The method of legal forecasting plays a key role, achieving the main goal of the study. General academic methods, as well as elements of legal comparative method, legal historical method and the legal interpretation method also serve as instrumentation of the research. Results and conclusions. The article identifies the main trends in international legal personality formalization in outer space and the Earth’s atmosphere, gives a forecast for the further development of this process, places special emphasis on the problems that lawyers will face in the future, and on existing gaps in the current international legal framework. The study postulates need for a preliminary theoretical design of the treaty framework development in the context of the process of formalizing international legal personality in new political spaces. Originality and value. The study is valuable in view of its relevance and originality. It focuses on the forecast of international legal personality formalization in outer space and atmosphere, a topic that is rarely comprehensively considered in theoretical international legal works.
Economic Problems and Legal Practice. 2019;15(6):197-200
pages 197-200 views

FORENSIC SIGNIFICANCE OF THE APPEARANCE OF THE CORPSE FOUND AT THE SCENE

Tenkov A., Krivokhatko A., Khozikov A.

Аннотация

Posthumous changes in the human body are important not only for forensic experts, but also for police officers. Over time, the appearance of the corpse changes. This is due not only to internal processes, but also to the influence of some characteristics of environment. Depending on the location of the dead body, the process of changing its appearance will proceed either according to one of several options (putrefaction, saponification, mummification) or in their combination. This paper presents a brief description of the main late cadaveric changes and the conditions under which they develop, as well as the rationale for the forensic significance for investigators of the use of forensic information about the external appearance of a corpse. Correct interpretation of data on the form of the late cadaveric phenomenon and the most favorable external conditions for it allows law enforcement officers to formulate a hypothesis about the mismatch between the location of the discovery of the corpse and the place of death of a person.
Economic Problems and Legal Practice. 2019;15(6):201-203
pages 201-203 views

CONTRACT OF CARRIAGE BY ROAD IN THE SYSTEM OF TRANSPORT CONTRACTS

Gridneva O.

Аннотация

The article is devoted to the research of the Institute of contractual relations. The contract of carriage by road in the system of transport contracts has its own specific features that determine its difference from other civil, transport contracts. The contract of carriage by road is the Central contract in the system of transport contracts. It is also fundamental for other contracts, the purpose of which is to ensure the implementation of the contract of carriage by road. Not all contracts involving vehicles can be attributed to transport contracts. Such contracts must meet certain criteria.
Economic Problems and Legal Practice. 2019;15(6):204-208
pages 204-208 views

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