Vol 18, No 6 (2022)

The purpose of the study is to establish the legal features of the category «property interest» in the party legislation of the Russian Federation. The author analyzed the main theoretical approaches to the concept of a subjective right to entrepreneurial activity. On this basis, he correlated them with the norms of party legislation. The author projected the formal-logical and hermeneutical methods onto the norms about the economic possibilities of the parties. Results. The author proposes to interpret the property interests of political parties in the prism of the subjective right to entrepreneurial activity. This is a type of legitimate interests that have gone beyond the legal regulation of economic issues of party activities. Therefore, the property interests of the parties are organizational aspirations, provided they are consistent with the law and there are certain legal guarantees.

This article is devoted to the issue of administrative lawsuits filed by citizens in case they disagree with the refusal to replace their military service by conscription for alternative civil service. When considering claims of this nature, the courts make radically contradictory and opposite decisions, often without legislative support. At the same time, military commissariats, denying citizens their right to replace service, also do not motivate their decisions with normative guidelines, but only refer to moral or spiritual postulates. All this entails a number of significant problems, which we want to discuss in this paper.

The article discusses some of the problems faced by national health systems in the context of the COVID-19 pandemic. The pandemic is defined as a public health emergency that represents a source of risks of global proportions and has demonstrated to national Governments the limits and limitations of public policy, and to the world community the urgent need for constant preparedness for such challenges in the future. The directions of improvement of the state policy in the field of health care in the context of the problems manifested during the pandemic are determined.

The article analyzes the concept of digital identity in the context of the observance of the rights of the subject of personal data. Two components of the digital personality status are distinguished: a stable personality and a constructed (changeable) personality. Based on the analysis of the factors influencing the choice of the model of legal regulation of personal data protection, it is proposed to give priority to the supremacy of fundamental human and civil rights and freedoms. It is concluded that it is necessary to tighten administrative responsibility for violation of the legislation of the Russian Federation in the field of personal data. Due to the legislative uncertainty in determining the nature of biometric personal data, it is proposed to expand the concept of biometric personal data by indicating the fact that special technical means are used in their processing and the requirement of a sufficient degree of constancy of biometric data.

The development of the economy and society contributes to the comprehensive introduction of digital technologies and the active development of new objects of law. However, the high level of volatility of digital (virtual) financial assets has led to the need to link cryptocurrencies to a physical asset, resulting in a new type of digital secured asset called a stablecoin. The purpose of the study is to study the features of legal regulation of stablecoins on the example of USA and EU legislation, including analyzing various types, as well as the role they play in the tokenization system. There was not much research in the field of law about stablecoins until recently, but everything has changed due to an increase in the number of transactions using stablecoins. However, the issue of legal regulation of stablecoins remains relevant in different jurisdictions, despite some attempts to regulate digital (virtual) assets. As a result of the study, it became obvious that new technologies are rapidly developing, there is a need to adapt them to the legal system because stablecoins will somehow influence the monetary policy of states and in order for various sectors of the economy to carry out their activities, subjects need detailed legal regulation of this part of property turnover.

The purpose of the study. This article discusses the legal problems of the legal regime of the property of entrepreneurial purpose, as an object of joint property of spouses. The author analyzes the civil and family law of Russia on the regulation of property belonging to the category of common joint property of spouses. The analysis of judicial practice on the problem of attribution of business property to the common joint property of spouses is carried out. The purpose of this scientific research is to identify legal problems related to the functioning of a particular legal regime of entrepreneurial property owned jointly by spouses. The scientific research reflects the current opinions of scientists in the field of law on existing problems in matters of property for business purposes, as an object of joint property of spouses. Conclusions. In both family and civil legislation, there are no family entrepreneurship, business entity, entrepreneurship of spouses as legal categories. The absence of these legal concepts makes it difficult for judges to make a decision in view of the different legal nature of property as such and property related to the joint property of spouses used in entrepreneurial activity. The absence of features and conditions for the use of joint property of spouses in entrepreneurial activity leads to protracted courts in the future on disputes about the division of joint property.

The purpose of the research. This article discusses topical issues related to the formation of the legal status of self-employed citizens and their place among the subjects of labor relations. Statistical data indicating the number of registered self-employed citizens are analyzed. The advantages and disadvantages of the legal status of the self-employed are analyzed. The situation of self-employed citizens is compared with the situation of individual entrepreneurs. The measures of state support for self-employed citizens are listed. Results: The legislative ban on hiring self-employed workers indicates that it is impossible for them to obtain the status of an employer. The absence of a concluded employment contract also does not give rise to the status of an employee. However, it is possible to be self-employed at the same time as performing the functions of an employee (when performing different types of activities). Registration as self-employed is not an obstacle to work under an employment contract. By recruiting the self-employed, the employer replaces the employment relationship with self-employment. Employers shy away from entering into contracts with the self-employed, fearing that such relationships may be recognized as labor in the future. The self-employed can be called pseudo-subjects of labor relations, due to the fact that they themselves act as employees and employers in one person, and can also perform the duties of employees without entering into an employment contract with employers.

The purpose of the study is to consider some problems in the field of protection of the results of intellectual activity of military organizations, give them a legal assessment and indicate a possible vector for solving each of them. Conclusions. A large number of works are created in the workplace, while the correct registration of rights does not always occur. The absence of unified requirements may adversely affect the overall quality of official works in the structure of the Armed Forces of the Russian Federation. The way out of this situation can be either the abandonment of increased requirements for originality to official works, or the introduction in all military organizations of a single regulation on the creation of official works. Today, an urgent problem related to the protection of the results of the intellectual activity of military organizations is the problem that the state provides an opportunity for public sector organizations, incl. military organizations to carry out state registration of the results of intellectual activity free of charge only on the territory of the Russian Federation. The lack of the possibility of international registration of the results of intellectual activity of military organizations increases the risk of tracking and copying Russian technologies, information about which is published in the open databases of Rospatent by agents of foreign states.

The purpose of the study. The purpose of this article is the authors' desire to analyze the prerequisites for the emergence of the institute of advocacy in Mordovia during the period of registration of the Mordovian national statehood, to consider the historical path of its formation and development in the Soviet pre-war period on the basis of All-Union and All-Russian normative legal acts, based on archival materials of the Bar Chamber of the Republic of Mordovia, showing the problems of the organization and activities of this institute in the period under review, as well as to determine the importance of the pre-war advocacy for strengthening the rule of law, including during the period of repression. Conclusions. In accordance with this goal, the authors of the article come to the conclusion that during the formation and activity of the Collegium and the Collective of defenders of Mordovia, there were many problems associated with the small number of defenders, their lack of sufficient professional knowledge, the need, in this regard, training and advanced training of lawyers, the presence of «underground advocacy», lack of material base, premises for work, legal literature. Despite the fact that state and party control over the Soviet advocacy was strengthened, advocates (including in Mordovia) sought their professional independence. The activity of the advocacy was an important guarantee of ensuring the rights of citizens and strengthening the rule of law in the state. Meanwhile, during the years of the Great Terror, many principled advocates were subjected to repression due to the fact that they did not obey the «party guidelines». In these cases, the number of Defense Boards was replenished by Communist lawyers who clearly followed the party line. All this had a very negative impact on the protection of human rights and legitimate interests, which turned out to be unsecured due to the lack of interest in this by the state itself.

Because of the high latency of crimes committed in the sphere of state and municipal procurement law enforcement agencies face a number of serious problems related to timeliness detection of criminal acts collecting necessary forensic information which extremely significant for evidentiary information, identification of suspected people, the amount of damage caused, etc. Due to the set of problems described above of a forensic nature number of official recorded cases of crime statistics in this area, in fact it's just the top of iceberg and doesn't reflect the real picture. Disadvantages in the mechanism for detecting the category of crimes under consideration, low percentage of detection gives criminals confidence in impunity, contribute to the commission of new crimes. Late detection of crimes, as a result, makes it difficult to collect necessary criminally significant information, which in some cases may make it impossible to identify the perpetrators. This article describes the reasons for the set of reasons of high latency of this type of criminals, identified a number of search features that indicate on possible commission of a crime during the implementation of the competitive procedures and recommendations for organizing interaction in order to detection of search features.

Purpose of the study. The article presents an analysis of the legal regulation of environmental protection through the prism of emerging problems in the practice of applying the current legislation in the field of environmental protection on the example of the North Caucasian republics. This analysis and generalization of administrative, judicial and investigative practice makes it possible, in particular, to make sure that the solution of a number of urgent environmental problems is necessary in order to prevent their negative impact on the socio-economic sphere of the region under consideration, as an example, leads to a decrease in the efficiency of the tourism cluster.

Digitalization of the economy is a promising area of government activity, one of the vectors of which is the creation of a digital profile of a citizen of the Russian Federation. An individual digital medical profile allows you to create a universal tool that can be used both to monitor the health of an individual citizen and groups of the population as a whole. Today, this idea is partially implemented within the framework of the Public Services service, but it mainly consists in the ability to make an appointment with a doctor in state medical organizations for yourself or your children / other relatives, get information about the availability of a vaccination (certificate) from COVID-19, find out data on obtaining/extending/closing a sick leave and payments for him. It seems to us that one of the means to increase the security of a citizen's digital profile, as well as its medical component, will be the inclusion of medical examination data and analysis results in it, which the citizen himself will have access to, who will be able to provide access to the necessary information to medical specialists in other medical organizations, which will eliminate duplication, and also lead to to save money and resources allocated for these purposes. Maintaining an individual medical profile can be implemented through the Public Service service, which will provide the following significant results: 1) elimination of duplication of medical appointments; 2) the possibility for the patient to receive the results of medical examinations and hand tests in electronic form; 3) the ability to monitor applications to medical organizations for medical care (to confirm the need for disability or the presence of a disease as a condition of exemption from conscription or mobilization); 4) the ability to control budget funds allocated for healthcare and others.

The presented publication raises some questions about the qualification of fraud in the field of lending (Article 1591 of the Criminal Code of the Russian Federation). Despite the available explanations of the Plenum of the Supreme Court of the Russian Federation, the problems of legal assessment have not been eliminated, which causes certain difficulties in law enforcement. Due to the blankness of the disposition of the criminal law norm, law enforcement agencies are forced to turn to a variety of norms that allow them to correctly determine the signs of the corpus delicti provided for in Article 1591 of the Criminal Code of the Russian Federation. The authors, based on the available materials of judicial and investigative practice, have prepared some recommendations that allow them to correctly assess the signs of the corpus delicti, which in turn will ensure the fair administration of justice.

Sanctions are often used as an instrument of pressure on opponents in the international sphere. The impact of economic sanctions imposed on the Russian Federation has increased significantly with the onset of a special military operation in the Ukraine. The imposed restrictions create an unfavorable environment for doing business in all spheres of economic relations, especially for the IT-sector. The domestic market is experiencing stagnation of economic development with a rapidly declining share of presence in the global high-tech market, but there are a number of positive prerequisites that contribute to the growth of IT-solutions integrators. This article will highlight the types of sanctions lists and their diversified impact on the IT-industry, recommendations on further ways to minimize negative consequences by integrating sanctions compliance into the business processes of organizations, as well as the projected future of the sanctions compliance function due to a reduction in the number of restrictions imposed and the adaptation of business to current market conditions.

A task. Medical software products, the possibility of their application separately and together with other programs are considered. The analysis of professional programs used in medicine, as well as accounting programs, has been carried out, the advantages and features of their use in interaction with other elements of the healthcare system have been identified. The tasks of developing and supplementing approaches to standardization of interaction of modules and components of software products in the conditions of digitalization of medicine have been set and solved. Methods. The methodological basis of the study is the system and process approaches to the problem under study. In the course of the research, general scientific methods of logical analysis and synthesis were used, in particular, analogies and generalizations. Based on the study of extensive empirical material, the features of software products reflecting all stages of the activities of medical institutions, from financing to the formation of accounting (financial) reports, are investigated. Conclusions. It is concluded that in the current system of digitalization in medicine, a number of areas in need of significant changes are clearly identified, namely: ensuring the interaction of professional and accounting software products, the separation of software modules in accordance with the direction of the medical institution and the sources of funding for its activities. Practical significance. The practical significance of the article is that the conclusions and proposals are aimed at strengthening the emphasis in the development of the effectiveness of the functionality of medical software products as a result of the formation of lines of interaction between professional and accounting programs in order to modernize the digitalization system. The use of the identified moments for the development of digitalization in medicine will optimize the work of medical organizations, ensure transparency of accounting for all assets and solve the problem of control measures. Originality. The study conducted by the authors revealed the need to ensure the development of digitalization in medicine through harmonization in software products and, based on this, harmonization of the activities of medical institutions.

The relevance of the topic of an independent assessment of the quality of the conditions for the provision of social services (IQA) is determined by the priority of the task of improving the quality of human life and the level of citizens' trust in the state through managing the effectiveness of the provision of services by organizations in the social sphere based on the interests and needs of their recipient. As a result of an independent assessment of the quality of the conditions for the provision of services in the social sphere, it is implied not just formal feedback on the quality of the conditions for the provision of services, but the implementation of consistent management actions based on the results of the assessment. In the article, an independent quality assessment is considered not only as a tool for diagnosing the state of the social sphere, which, based on the analysis of citizens' opinion, to identify shortcomings in the formation of the environment for the provision of services, but also the basis for developing targeted measures to eliminate them and the economic justification of the necessary costs and sources of their financing. Based on the surveys, planning and reporting documentation of government officials, the main problems that need to be addressed both by the organizations themselves and by the social sphere management bodies at all levels have been identified. The economic and managerial aspects of using the IQA as an indicator of the development of the social sphere and the basis for making managerial decisions are analyzed based on the analysis of the opinions and requests of service recipients. Suggestions are given on using the results of the IQA for tactical and strategic planning at the regional level in order to increase the client-centricity of the social sphere.

A task. Purchases of goods, works, and services to meet state and municipal needs are carried out using budgetary funds. According to the annual report of the Accounts Chamber of the Russian Federation in 2021, the procurement sector ranks second among all violations in terms of the financial volume of violations (27% of all detected violations). This fact testifies to the high risks of procurement, including corruption and the risks of inefficient spending of budget funds, while the most common areas of economic activity of procurement participants are construction and wholesale trade. Due to the fact that the state always pays great attention to the contract procurement system, including state and municipal procurement for the construction and reconstruction of capital construction projects, it should be noted that the existing methodological framework covering this area is not sufficient for the comprehensive development of control, which determines the relevance of this article. Model. The article presents the elements of the statistics program for control in the field of procurement, integrated with the EIS in the field of procurement and the model of interaction and monitoring of the interdepartmental group in the field of procurement for the construction and reconstruction of capital construction facilities. Conclusions. The direction studied in the article is important in the activities of the state due to the fact that it allows timely and efficient monitoring of purchases for the construction and reconstruction of capital construction projects from planning to execution; to make agreed decisions; timely identify violations in the field of procurement and carry out preventive measures based on their results. Practical significance. The practical significance of the article lies in the fact that the conclusions and recommendations on the development of a program of statistics on control in the field of procurement, integrated with the EIS in the field of procurement and the creation of an interdepartmental group on cooperation in the field of procurement for the construction and reconstruction of capital construction facilities, will allow to develop optimal positions in the regulation, functioning and control of the process purchases. Originality. The uniqueness of this article is due to the fact that it defines the main directions for improving the control of the FAS of Russia in the field of procurement for the construction and reconstruction of capital construction projects, which will increase the level of detection of violations in the field of procurement, improve conditions for fair competition, increase the openness and transparency of procurement procedures and control results.

The purpose of the research. The article discusses the problems of defining social protection, substantiates the idea of the complexity of formulating a single definition based on variable economic paradigms. The author attempts to reveal the system of social protection on the basis of social security and social and labor relations that develop due to the need to develop and implement special measures for individuals, households in difficult life situations. Conclusions. As a result of the conducted research, the author comes to the conclusion that there is no single definition of social protection in modern domestic legislation and, in this regard, offers its definitions in an extremely broad sense as ensuring the sustainable development of an individual, family, household; in a less broad sense-as a system including social assistance, social security, social insurance, social policy and interventions in the labor market; in a narrow sense-as one of the forms of social protection. The author concludes that by their socio-economic essence, many forms of social protection are based on social security relations, at the same time there are also such forms, for example, as a social contract, which affect the system of social and labor relations. The article also concludes that social protection measures are aimed not only at combating poverty, but also at social vulnerability. In addition, the author substantiates the idea that social protection measures should form a system that covers all stages of the human life cycle through its variable types and forms.

A task. The article reveals basic knowledge about internal control and its impact on the development of insurance organizations. The internal control of an insurance organization, successfully integrated into the activities of insurers, allows at any time to use reliable, complete and timely information necessary for making the right operational management decisions in order to improve the quality of the insurance business and comply with the control ratios of financial and non-financial indicators to the requirements of supervisory authorities. The assessment of the impact of internal control on the financial result of an insurance organization is a subject for practical application in insurance, which was the reason for the study of this area. Model. Determine the criteria for assessing the level of the financial condition of the organization and make a correlation between the two positions under consideration. Apply correlation analysis and elements of internal control of the insurance company to determine the components of the assessment. Conclusions. Provided that the relationship between the indicators under consideration when approaching the study of certain procedures for the reporting period does not show a direct relationship, then we believe that this will mean the ineffectiveness of the control procedures carried out, which led to a decrease in profits or inefficiency of the insurance organization. Practical value. The results of the correlation analysis showed a high dependence of the financial result of the insurance company on the quantity and quality of internal control procedures, and the correlation coefficient is close to one. Originality. The correlation between the conducted internal control and the financial result of the insurer is presented. Criteria for assessing the impact of internal control on the performance of an insurance organization are identified. An assessment of the proposed indicators is given.

The relevance of the article is determined by the importance of understanding the processes of adaptation of the economies of megacities to the conditions of economic crises of various origins. The article provides the author's analysis of the economy and economic policy of Moscow as complex and multidimensional phenomena that require constant adaptation, taking into account the principles of self-organization and moderate and targeted state influence with the entire arsenal of available means of state regulation. The general analysis presented in the article showed that Russia and Moscow, in particular, experienced the greatest decline in economic indicators in cases of global economic challenges: the global economic crisis of 2008, the pandemic of 2020-2021. A more local (referring only to Russia) challenge associated with the introduction of sanctions restrictions did not have such a significant impact on the economic performance of the metropolis. The author comes to a reasonable conclusion that the role of Moscow as an international metropolis, which is maximally included as one of the centers in the global financial and commodity flows, causes a more significant negative effect during periods of global crisis, as well as the need to build a more flexible and adaptive economic policy. taking into account not only the existing «points of growth», but also the «points of sustainability».

Under the conditions of sanctions pressure on the Russian economy, the expansion and strengthening of foreign economic relations with friendly countries becomes important. The issues of technical barriers, new supply chain solutions, customs cooperation, and industry cooperation become relevant. Given the sanctions pressure on the Russian market, and subsequently spread to the market of the Eurasian Economic Union, it becomes necessary to expand trade and economic relations with friendly countries, focusing on those countries with which trade agreements have been signed and major trading partners of the Eurasian Economic Union, also becomes a trend the signing of a free trade zone agreement. One of the important countries for the Eurasian Economic Union, given the volume of mutual trade, is China. Agreement on trade and economic cooperation between the Eurasian Economic Union and the People's Republic of China can serve as a basis for a free trade zone with China. The article analyzes trade turnover between Eurasian Economic Union and People's Republic of China since 2015 (the year of EEU foundation); dynamics of most-favored-nation treatment in China; applied ad valorem and specific rates of customs duties; countries, which concluded, trade agreements with China, as well as bound and applied Chinese tariffs on certain product groups and tariff quotas.

The purpose of the study is to determine the prospects for development of protectionism as the dominant paradigm of countries’ economic policies in the context of supranational regulation of international trade within the World Trade Organization (the WTO, Organization). During the study it was found out that the tools of modern protectionism include non-tariff import restriction measures, as well as fiscal and administrative measures to support production and export. The use of these tools contributes to an increase in compensation protectionist measures by trading partners. It was revealed that the WTO mechanisms limit the range of protectionist measures by participating in the provision of balance of interests of the WTO member states. The article concluded that in spite of the WTO crisis, manifested in the inability to reach new agreements based on the principle of consensus due to differences in the goals and interests of the participating member states, the WTO is interested in the safety and functioning of this institution. Participation in the Organization provides relatively non-discriminatory access of goods on foreign markets, and also allows you to defend the interests of the country during discussion of the modernization issues within the existing international trading system. At the same time, as it was noted, in the context of the WTO crisis, alternative platforms for implementation of economic interests of states are becoming regional economic units of different forms of integration.

Over the past decades in Russia there has been a growth in the number of projects created in cooperation of universities and enterprises. Their important features are complexity and uniqueness of the content; use of non-standard, flexible, combined approaches to management and financing also an increase in the number of stakeholders. Management of such projects without the use of specialized software products is no longer imaginable. The aim of the work is to review domestic software products for project management on the basis of indicators essential for the education industry. The result is an update of information about the current state of the Russian market of software products for project management, which is of particular importance at the present time due to the need for reliable storage, confidentiality of information. The work has applied value for senior executives and employees of analytical, project services.