Open Access Open Access  Restricted Access Access granted  Restricted Access Subscription Access

Vol 19, No 1 (2023)

Cover Page

Full Issue

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Theoretical and Historical Legal Sciences

The History of the Development of Liability Measures Applied to Violators of Property Tax Legislation in Russia in the Period from the X–XX Century

Kuznetsov I.A.

Abstract

The purpose of the research. The purpose of the article is to identify patterns of legal regulation of liability measures applied to violators of property tax legislation throughout most of the history of Russia. Particular attention is paid to the correlation of individual institutions, their relationship with the political and economic situation in the country. Results. The improvement of the legal regulation of liability measures applied to violators of property tax legislation mainly coincided with the political and economic development of the state. Up to the middle of the XVII century, the institution in question was haphazard in nature, did not cover most public relations. This coincided with the predominant role of physical influence on the debtor. The inadmissibility of the use of such measures was formed in society only in the XIX century. During the codification of the legislation of the Russian Empire, there was also the establishment of a separate mechanism for taking into account the position of a person in order to collect property tax (for example, when granting a deferral). In the XX century, there was a significant development of criminal responsibility, including independent elements of crimes were fixed in the form of underestimation of the value of property, concealment of information about property.

Economic Problems and Legal Practice. 2023;19(1):14-18
pages 14-18 views

Theoretical and Methodological Contribution of R. Koselleck to the History of Political and Legal Doctrines

Korovin K.S.

Abstract

R. Koselleck, of course, is an outstanding German methodologist of history, historiographer, leader of the «history of concepts» direction. In the article, the scientist's work is considered in two aspects: methodological (the formation of conceptual provisions for social history and the history of concepts) and political and philosophical (analysis of the key categories of political thought of the Modern era). It must be understood that as a theoretician of historical knowledge, Koselleck skillfully applied his principles in applied scientific work on specific historical topics. These are, first of all, his two dissertations: «Criticism and Crisis. Contribution to the pathogenesis of the bourgeois world» and «Prussia between reform and revolution. Land law, administration and social movement in the period from 1791 to 1848». The pinnacle of his work was the articles he wrote for the dictionary of Basic Historical Concepts, which fully reflected his methodological principles in action. Within the framework of this article, the author examines the specific works of Koselleck on the history of political and legal doctrines, written by him in the Heidelberg period of his work. It is worth noting that later the German historian became interested in such theoretical and philosophical topics as the concept of historical time and the theory of the history of concepts, which require independent research.

Economic Problems and Legal Practice. 2023;19(1):19-23
pages 19-23 views

The Theory of Legal Facts as an Element of the General Theory of Law

Bakirova D.M.

Abstract

Purpose of the study. This article analyzes the process of formation of the general theory of law and the parallel development of the theory of legal facts. It is concluded that these theories are related to each other as a whole and its part. This predetermines their structural and functional interaction. The general theory of law as a set of information about the most general patterns of legal reality includes the theory of legal facts, which is a system of knowledge about the actual validity of law. The latter, in turn, is a methodological basis for the development and improvement of the relevant branch theories. Carrying out a comparative analysis of theories of legal facts of various legal branches allows us to identify similarities and differences that contribute to the improvement of not only them, but also the development of appropriate theoretical generalizations.

Economic Problems and Legal Practice. 2023;19(1):24-29
pages 24-29 views

Legal Professional Ethics Education in Chinese Colleges and Universities from the Perspective of Educational Ethics

Huili X.

Abstract

To carry out legal professional ethics education for law students is the common requirement of social order, professional attributes and integrity of moral education. Meaningful legal professional ethics education is not simply the imposition of ethics, but the development of higher value goals and the teaching of ways to achieve ethical goals, and realize the coordination of the relationship between the internal and external value of the moral subject, the individual morality and the professional ethics, and the actualization of legal professional ethics education in legal professional ethics education rationalization.

Economic Problems and Legal Practice. 2023;19(1):30-39
pages 30-39 views

Public Law (State and Legal Sciences)

Interview with Ruchkina G.F., Dr. Sci. (Law), Professor

Editorial B.

Abstract

The article is dedicated to an interview with Ruchkina G.F., Dr. Sci. (Law), Professor.

Economic Problems and Legal Practice. 2023;19(1):40-42
pages 40-42 views

On the Issue of Antimonopoly Compliance

Kostyleva G.V., Krasheninnikov S.V.

Abstract

The purpose of the study: The article discusses the issues of legislative regulation of antimonopoly compliance. The explanation of the FAS of Russia «On the system of internal compliance with the requirements of antimonopoly legislation» and the practice of enforcement of these provisions are analyzed. The purpose of the study is to identify and analyze the features of the legal regulation of the provisions on antimonopoly compliance. This is necessary to determine the main directions of development of the Russian system of legislation in the context of development, including digital technologies. Conclusions. As a result of the conducted research, the authors come to the conclusion that in order for the system of internal compliance with the requirements of antimonopoly legislation to be effective, it is necessary to determine the requirements of antimonopoly legislation in a timely manner and on an ongoing basis, to assess the risks of the company and the likelihood of negative consequences based on the requirements of the legislation, as well as to conduct constant monitoring within the organization to discuss issues about their actions in a possible critical situation.

Economic Problems and Legal Practice. 2023;19(1):43-47
pages 43-47 views

Assessment of Regulatory Factors Forming Preferential Legal Regimes of Strategic Development of Tourist Regions

Battalova L.M.

Abstract

Purpose of the study. The article discusses the current state of legislative initiatives and the transformational processes accompanying them in the state-legal system aimed at the qualitative development of regional tourism. From a critical position, the most significant aspects of the legal field that have a predominant influence on the current state and prospects for the qualitative growth of tourist territorial clusters are analyzed. Conclusions. As a result of the study, the author comes to the conclusion that in the area under study, a stable federal-regional system of protectionism of individual industry and regional economic entities has been formed in recent years, which, in turn, has significantly increased their economic performance. At the same time, studies have shown that in the domestic regional economy there is a significant imbalance between the pace and quality of development of regional socio-economic systems. Based on the analysis, the author admits that the mechanism for supporting regional tourism contains imperfect elements in its design, due to the urgent need for operational support of the manufacturing sector of the economy in the context of forced import substitution. In particular, according to the author, a significant disadvantage of the system of state preferences is the sectoral nature of the bulk of preferential regimes. The foregoing allows us to state the expediency of further qualitative transformation of the instruments of the state-legal system for the development of the regional concept of tourism.

Economic Problems and Legal Practice. 2023;19(1):48-53
pages 48-53 views

An Integrated Approach to the Financial and Legal Regulation of Bank Lending in Housing Construction

Vorobyov I.P.

Abstract

The purpose of the study. The article identifies the problems of effective use of financial resources of the state aimed at the development of housing construction using bank lending. The purpose of the study is to develop an integrated approach to the development of legal mechanisms for financial support of bank lending in housing construction. The legal paradigm proposed by the author forms a new behavioral worldview in the financial and legal regulation of bank lending in housing construction. Conclusions. As a result of the conducted research, the author comes to the conclusion about the creation of targeted financial and legal support programs for the construction industry to provide affordable preferential bank loans in order to ensure increased demand for building materials and products, the development of competition and price stabilization in housing construction. The consolidation of an integrated approach to the financing of bank loans in housing construction in the field of financial law will make it possible to more effectively implement the social, housing and financial policy of the state.

Economic Problems and Legal Practice. 2023;19(1):54-61
pages 54-61 views

Extension of the Powers of Persons Brought to Subsidiary Liability in the Framework of an Insolvency (Bankruptcy) Case

Sharudilov A.S.

Abstract

The purpose of the study. In this article, the author explores the issue related to the powers of persons brought to subsidiary liability in the framework of an insolvency (bankruptcy) case. The basic rights of persons controlling the debtor in the bankruptcy case are considered. The judicial practice on this issue is analyzed. The author of the study concludes that at the legislative level, the rights of this category of persons are limited. In addition, the current judicial practice, which affects the rights and legitimate interests of persons controlling the debtor, is also ambiguous. The question of the permissibility of expanding the scope of powers of persons controlling the debtor has also been reflected in the practice of the Constitutional Court of the Russian Federation. It can be said that the legislator seeks to provide persons subject to subsidiary liability with a similar amount of rights as those involved in bankruptcy proceedings. However, in practice, gaps still occur: for example, the courts today have not formed a unified position regarding the scope of the rights of persons controlling the debtor in the framework of separate disputes in the case of insolvency (bankruptcy) of the debtor. This article is devoted to the declared topic, the author analyzes the gaps in law enforcement practice, and suggests ways to fill them.

Economic Problems and Legal Practice. 2023;19(1):62-66
pages 62-66 views

Financial and Legal Regulation of the Management of the Military-Industrial Complex in Ensuring the Technological Sovereignty of Russia

Petrova G.V.

Abstract

Introduction. The topical problems of the development of the financial and legal regime and the organization of the management of the military-industrial complex (DIC) of Russia are considered. The organizational, contractual, corporate, financial and budgetary legal relations that are developing in this area are analyzed. The relevance of the topic is related to the need for a legal assessment of the effectiveness of interaction between state bodies, state corporations, commercial organizations to ensure the execution of state defense orders, the development of the defense industry and the technological sovereignty of Russia. Materials and methods. The norms of the Federal Law «On the Protection and Promotion of Investments in the Russian Federation» dated April 1, 2020 N 69-FZ (as amended on November 21, 2022) and other acts establishing mechanisms for supporting the defense industry have been studied. The basic concepts of the Federal Law «On Industrial Policy in the Russian Federation» dated December 31, 2014 N 488-FZ (as amended on December 5, 2022) on the implementation of the goals and objectives of the development of integrated structures of the defense industry are analyzed. The method of comparative legal analysis of the norms of various laws revealed gaps in the legislation on the state defense order, on scientific research and innovation in the defense industry, on the management of defense industry holdings, etc. Results. Systematized administrative and financial measures and their legal support in strengthening the technological sovereignty of the defense industry. The advantages and difficulties of interaction between the integrated structures of the defense industry and the state authorities of the defense industry in the field of coordination and control of the results of the defense industry are revealed. The financial and legal problems of managing territorial, network, backbone integrated systems of the defense industry, corporations (holdings) in the defense industry are noted. Discussion and conclusions. The complexity of the implementation of financial and legal measures and methods of organizing state budgetary financing of corporations of integrated defense industry systems with state participation are determined. The gaps in the administrative and legal regulation of corporate and holding relations in the network infrastructure organizations of the Russian defense industry in administrative, budgetary legislation, and legislation on supporting scientific research in the defense industry are identified.

Economic Problems and Legal Practice. 2023;19(1):67-73
pages 67-73 views

Institute of Military Ombudsman in Norway: Novels in Constitutional and Legal Regulation

Rakitskaya I.A., Pavlov E.Y., Kremyanskaya E.A.

Abstract

The purpose of the research. In state mechanism of some foreign countries, there is an independent organ of the Ombudsman for the Armed Forces (the so-called military ombudsman), which can be described as a link between the army and society. The military ombudsman is to perform the function of an intermediary (mediator) in military-civil relations, on the one hand, and to serve as an institutional guarantee of the observance of military personnel’s rights and interests, as well as rights and freedoms of the persons who are subjects to military conscription, on the other hand. This article performs the analysis of the legal status, tasks and activities of the Parliamentary Committee of the Ombudsman for the Armed Forces of Norway, which collectively performs the function of the military ombudsman in this country. The article is written on the basis of an analysis of the Law on the Parliamentary Committee for the Armed Forces in Norway in 2021, which replaced the Instructions for this body adopted in 1952. The authors pay special attention to novelties in regulating the status and functioning of this quasi-parliamentary structure. The results. With the adoption of special legislation on the activities of the military ombudsman in Norway, its status was also increased: if earlier its activities were regulated by a subordinate normative act, now—by the act of higher legal force. The current law expands the powers of the Parliamentary Committee for the Norwegian Armed Forces to control the legality of the activities of the military administration, increases the number of the performed functions, first of all related to international cooperation in the relevant field, and makes an attempt to more clearly distinguish between the jurisdiction of parliamentary military and civilian ombudsmen. The existence of a specialized institution of the parliamentary military ombudsman in Norway provides a higher level of control over the protection of the rights and interests of military personnel, and also contributes to a more competent approach to considering issues related to military personnel.

Economic Problems and Legal Practice. 2023;19(1):74-78
pages 74-78 views

Constitutionalization of the Object of Party Legal Relations in Russian Legislation

Kurochkin A.V.

Abstract

The purpose of the study is to apply the theory of constitutionalization to the object of party legal relations. This will make it possible to distinguish it from the subject of regulation of party law. The author used a set of methodological approaches: formal-logical and hermeneutic methods allowed us to analyze the current norms of legislation and establish their meaning; the provisions of institutional theory were used to assess modern scientific views on the place of party law in the system of Russian law. Conclusions: the object of party legal relations is a united collective interest formed by members of political parties. This interest is realized in the forms provided for by law and is focused on three key tasks: the formation of public opinion, the conduct of political propaganda and the participation of citizens in the political system. The object can be recognized as the primary constitutional condition for designating party rights and obligations, which distinguishes it from the object of legal regulation of non-party public structures. The object is a form of expression of citizens' preferences in various areas that require political intervention.

Economic Problems and Legal Practice. 2023;19(1):79-82
pages 79-82 views

Constitutional and Legal Regulation of the Foundations of Modern Security Through the Prism of Respect for Rights and Freedoms

Zhigalova E.A., Shelegov Y.V.

Abstract

The study touches upon the aspect of assessment and legislative implementation of the issue of ensuring national security through the prism of constitutional and legal regulation of its foundations. The purpose of the study is to establish the relationship between the principles of constitutional regulation of mechanisms for ensuring rights and protecting rights and freedoms and the legislative structure reflecting the procedure for the operation (application) of means of ensuring national security. The objective of the study is to identify the balance and contradictions between these principles, as well as to assess the measures taken by the legislator when introducing new directions of constitutional and legal regulation into these institutions. The spectral analysis method was chosen as the main research method. Results: according to the results of the study, the author was able to establish that the forms of coexistence introduced by the legislator require more detailed consideration, both from the point of view of disclosing their legal essence and from the point of view of their evaluative purpose in ensuring the necessary security of society. Conclusions: the legislator initially does not give an unambiguous answer to the question—what exactly means and methods should be used so that the issue of moral development of society will allow raising the state of national security to a new level, while not violating the principles reflected in the Constitution of the Russian Federation.

Economic Problems and Legal Practice. 2023;19(1):83-86
pages 83-86 views

Direct Involvement of the Citizens in Formation of a Comfortable Urban Environment

Logvinova I.V.

Abstract

The article deals with theoretical and practical issues of the direct involvement of the citizens in discussions and decision-making in the field of the urban development. Digitalization has covered various aspects of not only social life, but also public administration, new technologies are actively used in building interaction between the public authorities and the population. At the level of the Russian Federation subject citizens, there is experience of citizen’s direct involvement in decision-making regarding creating a comfortable urban environment. Modern means of the public communication—city’s online-platforms give numerous benefits and allow raising the questions. Particularly, current legal regulation in the sphere of ensuring the citizen’s participation has certain gaps and conflicts, lagging behind urban innovations in public life. Introduction of amendments to the Russian law will allow for a timely and appropriate response to citizens' needs, creating new quality of life in cities. From the perspective of formal-legal, critical and systematic approaches, the author analyzed the current legal regulation and practice in the sphere of the consideration of the citizen’s opinions on urban city life and introduces several measures to improve it.

Economic Problems and Legal Practice. 2023;19(1):87-92
pages 87-92 views

Parafiscal Payment: in the Russian Legal Doctrine

Toria R.A., Raikova K.D.

Abstract

This article analyzes the content of such a legal phenomenon as a para-fiscal payment. Payments that are not formally built into the system of public sources of budget replenishment and, nevertheless charged to ensure public tasks, are gradually becoming more widespread. The goal of this article is to assess the legal nature of para-fiscal payments. The approaches to the definition of para-fiscal payments in the Russian financial and legal doctrine are analyzed. Examples of para-fiscal payments within the framework of Russian legislation and law enforcement practice are considered. Based on doctrinal approaches and practice of law enforcement on the issue of legal regulation of para-fiscal payments, a conclusion was made about the sufficiency of guarantees of the legal position of para-fiscal payers. The study leads to the conclusion that parafiscality is a payment collected from private entities on the basis of public law regulations and aimed at fulfilling the socio-economic tasks of public administration. However, in the case of Russian legal reality, socially significant needs can often be rather not an explanation for parafiscality, but a way to justify an arbitrary mandatory payment. The establishment of «parallel» taxes in itself does not create negative consequences for the state and society. Nevertheless, within the framework of the Russian legal order, the establishment of parafiscalities can be regarded as a lawful and justified step only in the implementation of the general constitutional guarantees underlying administrative regulation.

Economic Problems and Legal Practice. 2023;19(1):93-97
pages 93-97 views

The Problem of Personal Responsibility of Participants Participating in the Organization of Transportation of Dangerous Goods

Rakitin V.A., Panfilov A.A.

Abstract

The article deals with the problem of applying personal responsibility for failure to fulfill obligations for the safe transportation of dangerous goods. At the moment, the responsibility falls on the specialists of the organization who are not directly involved in the preparation of dangerous goods for safe transport, such as a control mechanic, a traffic safety specialist or a dispatcher. However, as employees who put their marks in a number of accompanying documents, they are personally responsible for organizing the safe transport of dangerous goods. While the responsible person, the ADR consultant, nowhere confirms his participation in such preparation, i.e. his participation in the preparation of dangerous goods for safe transportation is not documented in any way, although this is his main task and, de facto, it is rather problematic to bring such a person to responsibility for failure to fulfill his obligations. As a conclusion, it is proposed to amend a number of legislative acts in order to remove responsibility from employees who should not be responsible for the preparation of a vehicle with dangerous goods and to assign this responsibility to the ADR consultant who is responsible for this.

Economic Problems and Legal Practice. 2023;19(1):98-102
pages 98-102 views

On the Issue of Improving the Legal Regulation of Crowdfunding in Russia

Rustamov P.A.

Abstract

Objective: this article examines the legal regulation of relations in the field of collective investment, and also formulates the legal gaps that exist in the area under study. The choice of the topic of work is due to the relative weakness of regulation in this area, taking into account the rapid development of such methods of raising funds. The paper examines the points of view of various specialists in this field, including the positions of Professors Linda Yu. de la Vina and Stephanie Lee Black. Methodology: general scientific methods (analysis, synthesis and a number of others), as well as private scientific methods (comparative legal, legal forecasting method) were used as a methodological basis. Conclusions: the paper focuses on the absence of a requirement for operators to verify the reliability of information, it is proposed to simplify the procedure for identifying investors, and also establish a requirement for mandatory dissemination of information about the general and specific risks of companies attracting investments. Specific recommendations are given to fill legal gaps, in particular, proposals are formulated to supplement the existing legal norms regulating the information aspects of the collective investment process. Value: the relevance of the work is expressed in the systematization of approaches to the regulation of this area, as well as the development of recommendations to fill legal gaps.

Economic Problems and Legal Practice. 2023;19(1):103-107
pages 103-107 views

Balance of Efficiency and Security: Improvement of China's Personal Information Exit Compliance Path

Yanyan R., Siliu C.

Abstract

The cross-border flow of personal information is the inevitable requirement of the development of Internet technology and global data exchange. Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation (W. Gregory Voss, 2020). At present, China's personal information exit compliance path mainly includes security assessment, standard contract, and professional certification and so on. These compliance paths correspond to different exit situations of personal information, which not only reflect the will of the state supervision, but also guarantee the autonomy of the personal information processor in managing the exit business activities, it plays an important role in promoting the orderly flow of personal information in accordance with the law, but there are still some problems, such as unclear applicable standards, lack of connection with international rules and insufficient autonomy of industry supervision, etc., the system design is biased towards the needs of national security and public interest, neglecting the efficiency improvement of cross-border flow of personal information. Therefore, this article will take the personal information exit facing the risk and the supervision necessity as the breakthrough point, through the analysis related to China's personal information exit regulation legal provisions and normative documents, from the perspective of efficiency and security, this paper evaluates the three compliance paths of personal information exit, and puts forward some suggestions on how to improve the balance between efficiency and security of China's compliance path of personal information exit.

Economic Problems and Legal Practice. 2023;19(1):108-113
pages 108-113 views

Discussion on Equity and its Limits in the Regulation of Certain Groups of Financial Relations

Savina A.V.

Abstract

The purpose of the study. Modern legal science does not ignore the problem of justice in law both in general theoretical studies and in branch studies. In financial law, the category of justice is of particular importance, since one of the parties in financial legal relations is the State that establishes mandatory legal norms. The article discusses philosophical approaches to the definition of the concepts of «justice», «equality». The author draws attention to the principles of financial law, tax law, compares their content with the basics of the concept of «justice». Also, the article examines the signs of the financial activity of the state, examines the role of justice in it. Along with this, the work pays attention to the mechanism of taxation. The author evaluates the importance of the categories «measure», «equality» in the aspect of fair taxation. Of particular importance in the article is the problem of the limits of justice in public (in particular, financial) law. The opinions of scientists studying the limits of the principles of justice are analyzed. Conclusions. Based on the concepts studied, the author concludes that it is important to distinguish between the concepts of «principle of law» and «justice», since justice is embedded in the ideology of effective public administration in all spheres of society. At the same time, one of the important features of justice, according to the author, is its format: it can be considered in a narrow sense, namely, as an independent principle of a particular branch of law, and in a broad sense—the fundamental basis laid down in legal norms characterizing the legal system of the state as a whole.

Economic Problems and Legal Practice. 2023;19(1):114-118
pages 114-118 views

Private Law (Civil) Sciences

Protection of the Rights of the Child in the Event of his Removal from the Family: Problems and Prospects for the Development of Legislation

Letova N.V.

Abstract

Purpose of the study. In the article, the author presents an analysis of article 77 of the Family Code of the Russian Federation, which is devoted to the procedure for removing a child from a family. The author has proved the theoretical inconsistency of this norm, which leads to numerous problems of its enforcement. The absence of clear criteria, grounds that fall under the signs of the term «immediate threat to the life or health of the child» leads to ambiguous practice and the adoption of unreasonable decisions aimed at removing the child from the family. The article substantiates the conclusion about the theoretical and practical expediency of taking into account a specific life situation in the family, not limited to purely formal criteria, which will protect the interests of a child removed from the family. The objective need for reforming the institution of removing a child from a family is proved, Art. 77 of the RF IC, but taking into account the development not only of general trends in family law at the present stage, but also of the constitutional foundations that determine the fundamental rights of every citizen, the protection of which is a priority for the state.

Economic Problems and Legal Practice. 2023;19(1):119-124
pages 119-124 views

Features of Family Legal Responsibility in the Russian Legal System

Shepeleva D.V.

Abstract

The purpose of the study. The article discusses the problems of the need to strengthen comprehensive regulatory regulation of the protection of children's rights in families whose parents resort to violations of their duties, taking into account the strategic improvement and strengthening of family education. Every year in the Russian Federation, more than 30000 people become victims of crimes involving violent acts in the family. It is important to define the concept, the essence, subjective and objective signs of the family—legal responsibility in the system of family law, to study the place of family legal responsibility of parents in the system of legal responsibility and to establish the criteria of correlation with civil, administrative and criminal responsibility, to reveal the legal nature of family responsibility of parents. Conclusions. As a result of the conducted research, the author comes to a number of conclusions that directly affect the field of family legal duties and rights. The place of family and legal responsibility of parents in the system of legal responsibility is due to the independence of this type and a specific goal—to protect the interests of children. The criterion of correlation with civil, administrative and criminal liability is the severity of the offense committed and its nature. The legal nature of the family responsibility of parents follows from the fact of the existence of parental responsibilities, namely from the legal registration of paternity and motherhood. The leading task of family legal responsibility is to ensure timely response to family crisis situations, the active participation of competent authorities in solving emerging problems and minimizing negative consequences for the most vulnerable subjects of these legal relations—children. Courts actively apply various liability mechanisms, but, unfortunately, rarely resort to restorative procedures. There is a justification for this. Most of the measures that have to be applied to dysfunctional parents are based on the concern of the state for the possibility of ensuring a proper existence for an immature person—often, such parents lead an antisocial lifestyle that puts any human life in danger. It is simply not advisable to leave the younger generation in such conditions. Attempts are being made to work in the direction of providing proper psychological assistance, mechanisms for determining a family—but, for the most part, children «settle down» in boarding schools, where the conscious part continues to lead a dysfunctional lifestyle. It is important to stop these consequences.

Economic Problems and Legal Practice. 2023;19(1):125-130
pages 125-130 views

Legal Regulation of PropTech in the USA

Sekacheva A.A., Odintsov S.V.

Abstract

The purpose of the research. This article summarizes and explores the main provisions of US law related to PropTech. Taking into account the opportunities for further development of PropTech in the context of digitalization, it is important to study the issues of its legal regulation in the United States, a country recognized as a world leader in this field. PropTech is a cluster of innovative technologies designed for the real estate market, which includes many segments, requires proper legislative regulation and institutionalization. Results. Despite all the difficulties of formation, development and regulation, it is predicted that the PropTech market in the USA will have great prospects. It is of interest to predict that the entire US real estate market may eventually switch to a remote method of searching and renting/purchasing real estate, effectively displacing real estate agencies: they will be completely replaced by innovative technologies and online services that simplify the process of real estate transactions at all stages. If earlier the buyer, together with the agent, went to the site, and then had long negotiations with the seller, now the entire purchase process often takes place remotely. At the same time, the potential problem of fixing the expression of will by electronic or other similar technical means should be mentioned. In the very near future, at a breakthrough technological stage, mass adoption in the field of PropTech, including ConTech (design and construction of real estate) of the above-mentioned key elements of Industry 4.0, such as: AI and machine learning, augmented and virtual reality, drones and lidars, is clearly to be expected, 3D printing and robotization, etc.

Economic Problems and Legal Practice. 2023;19(1):131-137
pages 131-137 views

The Legal Regime of Protection of Computer Programs under the Legislation of China

Sviridova E.A.

Abstract

The article analyzes the question of choosing the most optimal mode of legal protection of a computer program as an object of intellectual property under Chinese law. The purpose of the study is to determine the place of a computer program in the system of results of intellectual activity, taking into account the legislation of patent practice in China. Despite the absence of computer programs among patentable objects, based on the analysis of patent practice, it is concluded that it is possible to patent computer programs, provided that a number of requirements for the wording of the patent application are met. The weak reliability of the legal protection of software as an object of copyright in China is proved. The patent-legal regime of protection of a computer program in China is more preferable, for obtaining which it is required to prove the connection of the software with the technical field or the achievement of a technical result.

Economic Problems and Legal Practice. 2023;19(1):138-143
pages 138-143 views

Making Transactions with Digital Rights

Reutskiy S.Y.

Abstract

The paper contemplates to the making transactions with digital rights. These transactions fall into two categories—financial and banking. The first include the purchase and sale, circulation and termination of the financial assets in question, the second—the opening and maintenance of bank accounts (nominal and settlement) and the implementation of settlement. The purpose of the study is to analyze the legislation of the Russian Federation on digital financial assets and local regulations of banking entities engaged in transactions with digital rights. Conclusions obtained during the study. The modern period of banking development is characterized by digitalization. Credit and non-credit organizations, as subjects of banking activity, have received the right to make transactions with digital rights. Digital rights include utilitarian digital rights and digital financial assets. Transactions with digital rights are classified as financial. Transactions with digital rights are possible on investment platforms and in information systems. Transactions with digital rights are possible on investment platforms and in information systems. Making financial transactions with digital rights involves the need to open and maintain nominal (special) accounts for operators of investment platforms or information systems.

Economic Problems and Legal Practice. 2023;19(1):144-147
pages 144-147 views

Civil Law Regulation of the Institute of Compensation for Losses in Russia

Gavrilov V.N., Druzhinina D.A., Svatuhina T.A.

Abstract

This study reveals the essence of the civil law contract through the category of «autonomy of the will of the parties», a detailed analysis of the legislative content of the institute of indemnity, the features peculiar only to the Russian legislation are highlighted. The origins of the institute of «indemnity», which was consolidated in England, are considered, its legal regulation and features are analyzed. In the course of the study dialectical, comparative-legal and systematic approach, methods of analysis, synthesis and analogy are used. As a result, the authors, based on the analysis of the current domestic legislation and the studied judicial practice on the example of specific court decisions, propose ways to solve the identified problems by giving explanations to the Plenum of the Supreme Court of the Russian Federation, concerning the distinction between the institute of compensation for losses and other externally similar legal institutions, in order to create a uniform law enforcement practice on this issue. In particular, when considering disputes on compensation for losses, courts should be instructed to analyze not only the issues of existence of an obligation, occurrence of the required circumstances, absence of guilt of the obliged party, but also the legality of the relevant condition included in the contract, conclusion of the contract, parties' possibilities on the one hand, and its compliance with the essence of the institution of compensation for losses, compensatory rather than «punitive» nature—on the other.

Economic Problems and Legal Practice. 2023;19(1):148-153
pages 148-153 views

Retrospective Analysis of the Institution of Assignment of Law in the Russian Legal Field

Dadykin S.V.

Abstract

In the scientific work, the author analyzes the positions of legal scholars in the field of the essential provisions of the contract of assignment of the right of claim. In addition, he compares the norms governing the legal relationship of assignment of the right of claim of the Civil Code of the Russian Federation and the Civil Code of the RSFSR, in order to express a certain trend of domestic legislation, which is characterized by the continuity of most norms and the dynamics of more detailed regulation of certain provisions of the institution of assignment, which is associated with its relevance in modern economic and legal relations in the Russian Federation, the doctrine of law, assignment rights of claim.

Economic Problems and Legal Practice. 2023;19(1):154-157
pages 154-157 views

Peculiarities of Legal Regulation of the Process of Terminating an Employment Contract with an AthLete and a Coach

Mishina N.V., Kurtynov I.V., Afanasiev M.A.

Abstract

The work is intended for students, legal advisers and employees of the Ministry of Sports, athletes and coaches, as well as all those who are concerned with the regulation of labor relations between athletes and coaches. Analyzed the most important aspects of the regulation of the work of athletes and coaches. A number of problems have been identified in: 1) The work of an athlete, part-time coach; 2) Failure to establish a specific amount of compensation for the departure of an athlete from the organization, at his own request; 3) Failure to establish a specific list of valid reasons for the dismissal of an athlete at will. Pro-posals have been prepared for the development of labor legislation in terms of the legal regulation of the work of athletes and coaches in the Russian Federation.

Economic Problems and Legal Practice. 2023;19(1):158-163
pages 158-163 views

Regulatory Considerations for Smart Contracts in the USA

Petrakova E.P.

Abstract

The article is devoted to the analysis of the legal regulation of smart contracts in the United States of America. A smart contract is a completely new phenomenon for both Russian and foreign law, presented in the form of a computer code that automatically executes all or parts of the agreement and placed on a platform being built using blockchain or distributed registry technology. The author analyzes US law to determine whether smart contracts can be deemed enforceable legal agreements under contract law in the United States, and whether they satisfy the elements of the contract under the United States contract law. The purpose of research is to analyze the legal regulation of smart contracts of the various US states to identify existing approaches to the definition of a smart contract and its legal nature. The subject is the US legislation and the legislation of the states providing the legal regulation of civil law relations related to the use of smart contracts and blockchain technology. Results. Based on the analysis of the legislation of the states, which have included in their statutes the legal definition of a smart contract and blockchain, the author has identified two points of view on the definition and legal nature of a smart contract. The difference of approaches to the definition of a smart contract and the legal nature underlying the accepted definitions indicates the lack of a uniform legal concept of smart contracts in the United States, which would include a combination of technical and legal features inherent in this phenomenon. As a result, there may be increased pressure on the certain states with the aim of passing statutes which would provide uniform definitions reflecting the development of blockchain and smart contracts.

Economic Problems and Legal Practice. 2023;19(1):164-171
pages 164-171 views

Prospects of Application of Smart Contracts Based on Blockchain Technology for Public Procurement in the Nuclear Power Industry of the Russian Federation

Pavlyuk A.V., Aibazov P.I., Dubasov M.V.

Abstract

This scientific and analytical paper examines and analyzes the existing and promising solutions for the effective use of smart contracts tool based on blockchain technology for public procurement in the nuclear energy sector of the Russian Federation. The scientific and analytical aspects of this paper consider legal, economic, managerial and technical aspects of the potential implementation of smart contracts in the process of public procurement in the State Corporation «Rosatom» and its subordinate bodies. Additionally, practical algorithmic examples of smart contracts that may be implemented in specific electronic contracts of public procurement are brought into the spotlight. The authors of the article provide practical recommendations for improving approaches to the procurement of goods, works or services using blockchain. The main expected consequence of the publication is the optimization of the basic approaches of the State Corporation «Rosatom» as well as the legislative body to the practice of organizing and conducting the procurement of goods, works or services through the implementation of blockchain technology.

Economic Problems and Legal Practice. 2023;19(1):172-178
pages 172-178 views

Nepotism: On the Feasibility of Implementing the Term and Adopting Experience

Plaksin D.A., Mamedov A.R.

Abstract

The article analyzes nepotism as a form of manifestation of corruption in the public service system, points out its destructive nature; an attempt was made to analyze the existing practices in this regard in a number of European cities and conclude on the expediency or inexpediency of borrowing such experience and implementing the term «nepotism» for Russia.

Economic Problems and Legal Practice. 2023;19(1):179-183
pages 179-183 views

Application of Artificial Methods of Reproduction in Russia and Ukraine: Comparative and Legal Analysis of Legislative Regulation

Dovnar A.N.

Abstract

The long-term use of assisted reproductive technologies (hereinafter referred to as ART) not only allows us to experimentally improve the clinical process of overcoming infertility, but also inevitably reveals a set of problems in the legislative regulation of assisted reproduction in the Russian Federation and Ukraine: 1) the lack of a specific and exhaustive list of ART (Russia); 2) availability of a permit for the export of cryopreserved germ cells, tissues of reproductive organs and human embryos abroad (Ukraine); 3) the absence of requirements for a surrogate motherhood agreement, including the obligation to notarize it (Russia); 4) the presence of a requirement for a surrogate mother to waive her right to a child born by her through ART while formally retaining such rights for her until the state registration of the birth of a child (Ukraine); 5) the absence of a fixed ban on the choice of the sex of the unborn child and the use of a human embryo for industrial purposes (Ukraine). As a solution to the identified problems, the author of the undertaken study proposes, through the adoption of positive experience, to implement the reception of norms that meet the interests of patients in both states.

Economic Problems and Legal Practice. 2023;19(1):184-193
pages 184-193 views

Criminal Law

The Ratio of Private and Public Interests in the Implementation of Incentive Forms of Criminal Proceedings: From Competition to Balance

Rusman G.S.

Abstract

The purpose of the study. The balance of private and public interests in the implementation of incentive forms of criminal proceedings guarantees the participants of criminal procedural legal relations the exercise of their legal capabilities. In turn, the interest of a particular person influences the formation of the basis of the public interest of the state as a whole. The purpose of the study is to substantiate the balance of the interests under consideration when resolving a criminal law conflict in sophisticated forms of criminal proceedings. Conclusions. Independently, citizens who have reported the presence of a criminal law conflict do not have the opportunity to resolve it without the participation of the state and return to their original state exclusively in private. Only the State, with its strict control, realizing its public function, can grant them such a right.

Economic Problems and Legal Practice. 2023;19(1):194-198
pages 194-198 views

Some Reflections on the Measures of Criminal Legal Impact as an Element of the Crime Prevention System

Rostokinskiy A.V., Akkaeva H.A.

Abstract

In the modern legal space, criminal legislation does not contain a legal definition of «criminal legal impact», and there is also no exhaustive list of measures of such impact, however, they are analyzed in sufficient detail in the criminal legal doctrine. The article reveals the essence of the main measures of criminal law influence, notes the expediency of their application not only in relation to persons who have committed crimes, but also to law-abiding citizens as part of the prevention of criminal behavior in society, as well as to persons who have previously committed crimes, as part of the prevention recidivism. It is concluded that the measures of criminal legal influence are an indispensable element of the system of combating crime, since they are aimed at the prevention, suppression and prevention of crimes, and the expediency of fixing an exhaustive list of such measures in the criminal legislation is substantiated.

Economic Problems and Legal Practice. 2023;19(1):199-202
pages 199-202 views

Features of Investigation and Disclosure of Crimes Related to Embezzlement in the Field of Railway Transport

Rusakov A.S., Frolov P.V.

Abstract

The issues of combating crimes related to the misappropriation of funds or other types of property, as well as embezzlement, are relevant and are the subject of research in many scientific works. At the same time, the analysis of many information sources and a survey of experts showed that the methods of investigating this type of crime are industry-specific, in particular, the authors studied the features of the forensic characteristics of crimes related to embezzlement of funds or other types of property committed in the field of railway transport. This work describes the criminal law signs of misappropriation and embezzlement in this area, as well as analyzes the specifics of the investigation and disclosure of crimes that are associated with misappropriation and embezzlement in the field of railway transport.

Economic Problems and Legal Practice. 2023;19(1):203-210
pages 203-210 views

Remote Fraud: Problems of Prevention, Investigation and Law Enforcement

Cherednichenko E.E.

Abstract

Purpose: to study the problems of prevention, investigation and enforcement of criminal liability for remote fraud. Conclusions: to combat remote fraud, it is necessary to: use all possible ways to disseminate information about the types of fraud being committed, including new methods of remote fraud; strengthen control over the sale of SIM cards in unauthorized places, on the Internet; tighten control over the issuance of bank cards, the appearance of various fictitious organizations that issue such maps; to tighten registration in social networks; to carry out proper supervision of correctional institutions in order to prevent the entry of prohibited means of communication into their territory or the receipt of cell phones, SIM cards in parcels, transfers, during a personal meeting; to complete the transition to electronic document management; to establish prompt receipt of information required for the investigation of a criminal case; it is necessary to entrust the investigation of fraud cases to those investigators who have such experience, or to create separate investigative units that would specialize in this type of crime; it is necessary to generalize judicial practice on remote fraud; it is necessary to amend the Criminal Code of the Russian Federation (to introduce responsibility for a number of new socially dangerous acts, to supplement art. 63 of the Criminal Code of the Russian Federation with a new aggravating circumstance: «the commission of a crime by remote means», to introduce a qualifying feature for a number of criminal law norms: «commission using mobile communications or the Internet»).

Economic Problems and Legal Practice. 2023;19(1):211-214
pages 211-214 views

International Cooperation on Combating Corruption on the Example of International Standards for Anti-Corruption Activities

Kisliy O.A., Isaeva M.A.

Abstract

Purpose of the study. The article deals with international cooperation on combating corruption in the system of state (municipal) service on the example of international standards for anti-corruption activities. After all, from the point of view of a scientific approach, the effectiveness of combating corruption should be carried out on a theoretical basis and a practical component. At all stages of the development of civilization, a person tends to violate the «ten commandments» [1], in particular one of them—«do not steal». Theft and its derivative component—a bribe, as well as their highest expression—corruption, refer to the forms of human social behavior, where breakthroughs of instincts «come out»—through the barrier of prohibitions: rights, morality and religion. So, back in the Middle Ages, Dante Alighieri from the nine circles of hell placed bribe-takers in the eighth circle as a warning to all living on earth [2]. Corruption does not recognize state borders and is characteristic, albeit to varying degrees, of all states, regardless of their economic and political structure. In this connection, the international community relies on international legal regulations in the field of combating corruption: it adopted the «UN Convention against Corruption» [3], and the Russian Federation became one of the first states to sign it. In accordance with Article 5 of the Convention, the Russian Federation implements and pursues a coordinated anti-corruption policy by adopting the Federal Law «On Combating Corruption» [4], which establishes the principles and organizational and legal framework for preventing and combating corruption. There are a significant number of forms of its manifestation, however, it is obvious that, compared with the concept of «corruption» reflected in the Convention, this Law does not sufficiently differentiate the types of corruption and does not highlight non-property benefits, which makes it difficult to develop mechanisms to counter it, including in legal practice, article 20. This contributes to the development of social problems, which are also caused by a violation of state administration, leading to a loss of faith in the ability of the state to independently protect the interests of society. Research findings. As a result of the study, the authors come to the conclusion that the fight against corruption in the 21st century is caused by its transformation through political and socio-economic factors that determine the development of states. Thus, it puts their sovereignty and security at risk, often becoming a pretext for interference in their internal affairs by other states through the international community. Corruption affects the «holographic», that is, the unity and diversity of these factors that determine the internal affairs of states, which is negatively perceived by society as a reflection of their state policy. Thus, the moral foundations of society are corrupted, the «normal» development of the sphere of its material well-being is disrupted, and a crisis of confidence in the state is caused. In addition, its influence is associated with the difference in the legislation of states that contain its different definition. Nevertheless, despite this, they are based on international legal regulations—international standards for combating corruption, implementing them at the state level. In our opinion, the death penalty for corruption crimes is losing its effectiveness in the 21st century, although in some way it remains a warning factor for corruption crimes. Having analyzed the modern theoretical component of combating corruption, as well as the provisions of the Conventions, we have identified three of its constituent elements:

  • investigation procedure as obtaining evidence of commission of corruption crimes while respecting human rights, seizure and return of stolen funds;
  • measures to prevent corruption crimes through the application of various sanctions, based on the circumstances of their commission;
  • independence of legal institutions capable of fairly applying legislative norms and achieving the inevitability of punishment for committing corruption crimes.
Economic Problems and Legal Practice. 2023;19(1):215-220
pages 215-220 views

Dynamic Aspect of Forecasting Demonstrative-Protest Crime

Ilyin I.S.

Abstract

When using demonstrative-protest crime, the author realizes the possibilities of the theory of cycles for the knowledge of its essence. The concept of «cycle» in this case can be used in two aspects: dynamic and structural. This article changes the dynamics of demonstrative-protest crime, observed by the cycles of protest activity, which in turn depends on the cycles of political activity. In the conditions of stable development of society, these cycles are formally set by constitutional provisions on the turnover of government bodies, which are carried out by elections. It is no coincidence that the peaks of protest activity are precisely in the year of such elections. However, political activity and election-related activity are not coinciding phenomena. Political activity is on a par with economic, financial and other social activities that are covered by global cycles of social development—equilibrium, destabilization, loss of equilibrium and new equilibrium. These phases have their own formation mechanisms and fundamental determinants, and therefore do not coincide with the formal frequency of elections. Cycles are observed at the turning points of changes, on the features of destabilization and changes in the state, the usual arrangement of events occur, as they occur, the protest activity of citizens and demonstrative protest crime increase.

Economic Problems and Legal Practice. 2023;19(1):221-225
pages 221-225 views

Execution of Court Decisions and Acts of Other Bodies: Organizational Problems and Ways to Solve them

Shkhagapsoev Z.L., Akkaeva H.A.

Abstract

In a state of law, the importance of providing individuals and legal entities whose rights are violated with guarantees for the execution of court decisions necessitates the improvement of the activities of the FSSP of Russia, since the problems of an organizational and legal nature that exist in the practice of these bodies hinder the effective implementation of enforcement proceedings. The article analyzes certain problematic aspects of the activities of bailiffs, the presence of which is confirmed by departmental statistics, and also expresses the author's opinion on possible ways to optimize the activities of the FSSP of Russia in order to increase the efficiency of enforcement proceedings.

Economic Problems and Legal Practice. 2023;19(1):226-229
pages 226-229 views

International Legal Sciences

Methodology for the Analysis of Legal Instruments and Tools of the World Customs Organization

Mozer S.V.

Abstract

The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union in the framework of interaction with the World Customs Organization. A task. Develop a methodology for classifying and analyzing the legal instruments and tools of the World Customs Organization (WCO). Conclusions. The article presents methodological approaches for the classification of the WCO legal instruments and tools in the context of customs law institutions, which were developed over the period 1950 - 2020. Here are the results of a practical analysis of these legal means. The general dynamics of the creation of the WCO legal instruments and tools is analyzed, an analysis is made in the context of their forms, as well as the areas of the WCO activity. The subject of the study is the WCO legal instruments and tools. The analysis carried out makes it possible to characterize in dynamics the WCO activities in the development of legal instruments and tools, as well as to characterize (based on the obtained statistical data) the WCO legal developments. Social Consequences. Conducting a study is associated with the implementation of paragraph 11.7.5. of Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of working out the possibility of joining the Eurasian Economic Union to the fundamental documents (legal instruments and tools - note) of the World Customs Organization. Practical value. The results of the study are of interest to the customs cooperation bloc of the Eurasian Economic Commission (EEC) and can be used by specialists of the customs authorities of the Member States of the Union, the EEC experts to organize strategic planning and to form the legal foundations for the modernization of the Union's law. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EEC, the customs authorities of the Member States of the Union and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.

Economic Problems and Legal Practice. 2023;19(1):230-243
pages 230-243 views

Gaps and their Filling in Modern International Law

Nikiforov S.V.

Abstract

The purpose and objectives of writing the article is to study the gaps in modern international law and ways to fill them. Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation. Results and conclusions. The article examines the relevance and degree of scientific elaboration of the problem of gaps and their filling in modern international law, defines the gap, justifies the use of the term «filling» rather than «eliminating» or «overcoming», considers the possibilities of fixing gaps and ways to fill them. The originality and value of the work lies in determining the nature of the gap in international law, identifying the possibilities of fixing it and ways to fill it in modern international law.

Economic Problems and Legal Practice. 2023;19(1):244-248
pages 244-248 views

Implementation of the Principles of Private International Law in Law Enforcement Practice

Lukonkina O.V., Volchok A.A.

Abstract

This article analyzes the theoretical understanding of the and their implementation in law enforcement by analyzing the the problem of dividing the principles into general and special, clarifying the legal specifics of this differentiation is raised. The authors pay attention to the fact that the general are general principles of international law, both private and public, because they are enshrined in the «The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States». At the same time, special principles have received direct and formal expression in specific legal norms of national legislation, which contributes to their more effective implementation. Further, the authors analyze the principle of autonomy of will and its material embodiment in judicial decisions. Thus, there is a close connection between the positions of the law enforcement officer and the positions of legal scholars. Namely, the practically unlimited principle of autonomy of will, sometimes its literal understanding by the state, but from this it is closely dependent on the will of the state itself, and not on the full expression of the will of the parties, as it might seem at first glance. The authors also emphasize the existence of the concept of «implied» law in the execution of certain court decisions, when for one reason or another there is no indication of a specific applicable law and the court, based on the content or essence of the legal relationship that has arisen, makes a choice in favor of one of the legal systems. The positions of other researchers are confirmed that the principle of the closest connection is realized through such a criterion as «territoriality». In law enforcement acts, some other principles were also disclosed, which received a similar interpretation in the theory and legal consciousness of lawyers.

Economic Problems and Legal Practice. 2023;19(1):249-258
pages 249-258 views

Regional and Sectoral Economics

Research of Innovative Factors of Economic Stability of Large Organizational and Economic Systems in Industry

Gribov P.G., Bobryshev A.D., Baldin K.V.

Abstract

The purpose of the study is to verbally justify and mathematically describe a set of innovative factors that ensure the stability of large organizational and economic systems (LOES), which include large-scale enterprises, their associations, holdings, clusters, complexes, integrated structures. Based on the results of the work, the following main conclusions were obtained. In the interests of theoretical substantiation and development of methodology for ensuring the stability of large organizational and economic systems in industry, it is advisable to decompose BOPP into subsystems united by a sign of direct participation in the process of value creation. It is proposed to consider BOES as a combination of three main subsystems that ensure the creation and delivery of value to the consumer: production, which implements the material component of the production process; social, the task of which is to create the necessary conditions for the personnel to fulfill their operational duties; control subsystem that organizes the production process. Whether its economy is resilient or prone to permanent crises depends on how the BOES is designed. Moreover, as well as with the issues of ensuring the quality of industrial products, two aspects play a leading role here: a) the content of the processes of formation of the organizational system and b) the solutions included in the designed result. The perfection of the structure of the main subsystems of BOPP from the point of view of ensuring its economic stability assumes that each of them should have its own stability.

Economic Problems and Legal Practice. 2023;19(1):259-267
pages 259-267 views

Supplementary Reproduction Technologies as a Demographic and Social Development Tool for Russia

Prichina O.S., Orekhov V.D., Moroga D.F.

Abstract

The aim of the work is to undertake an economic analysis of practicability of supplementary reproduction technologies regarding human reproduction in Russia and, as a result, improving its long-term competitiveness. The authors consider the impact of reproduction technologies from a narrow economic perspective and intentionally do not involve speculating philosophical, legal, ethical, psychological and spiritual and moral aspects of their implementation. The study undertaken proves material incentives and supplementary reproduction technologies including surrogacy are the most relevant among efficient interventions aimed to improve the birth rate. The authors show surrogacy may become a real way to resolve the reproduction crisis in future. Investments in surrogacy are paid off from 3 to10 years by labour of the adult person starting from their entry into work and about 25 years longer starting from the moment of the investing at the discount rate of r = 4−8%. By the end of conventional labour period, the return on total investment in a person outweighs the investment by 7.2 over 25 years from the moment of investing at r = 4% and amount of investment ZHC = 25% of GDP per capita at PPP. The sources of investments in demographic development of Russia, additionally to the state budget, may reasonably include regional budgets especially of regions of high per capita GDP and low birth rate as well as charitable donations from most wealthy citizens. The results of the work are applicable to strategic planning of forms, methods and mechanisms of government regulation including demographic development of various countries and primarily Russia.

Economic Problems and Legal Practice. 2023;19(1):268-273
pages 268-273 views

The Challenges and Threats of Digitalization

Igoshina D.R.

Abstract

The purpose of the research. Аn attempt to identify challenges and generalize the threats posed by the massive and widespread digitalization of all spheres of life in modern society is made in this article. The active digital transformation of all spheres of human activity has posed such questions to society that have no answers, many of which humanity is facing for the first time. The purpose of the study is to systematize the threats of the digital transformation of economic relations. This is necessary to determine the main directions of digital transformation, which should be left under state control to ensure economic security at all levels of economic relations and preserve the digital sovereignty of business entities. Results. The author comes to the conclusion that the uncontrolled digitalization of public life and economic relations leads to negative consequences. The lack of a regulatory framework that regulates the activities of digital companies leads to the monopolization of markets by such companies. The consequence of the digital divide is the high cost of digital technologies and the lack of access to the Internet (for economic and technological reasons). Threats of structural unemployment, a decline in the income of the population, the need for mass retraining of significant groups of specialists in terms of their volume can lead to negative social consequences.

Economic Problems and Legal Practice. 2023;19(1):274-278
pages 274-278 views

Finance

Current Issues of Identifying Unreasonable Tax Benefits

Smirnova E.E.

Abstract

In this study, theoretical foundations and practical aspects of identifying unreasonable tax benefits are considered, classification is given by subjects and by types of taxes. We considered the use of an analysis of contracts (type of contract, terms of contract, counterparty category, lack of accounting for business purpose), lease and contract agreements, the analysis of which reveals an unreasonable tax benefit taking into account the ill-conceived execution, the economic validity of concluding related transactions and the presence of a specific business purpose. The issues of documentation during the execution of contracts are considered. Objectives of the research work: to determine the main issues that arise when identifying unreasonable tax benefits. Findings from the study: tools for identifying unreasonable tax benefits and prospects for their improvement are highlighted.

Economic Problems and Legal Practice. 2023;19(1):279-282
pages 279-282 views

The Place of Management Accounting in the Formation of Integrated Reporting

Mussipova L.K.

Abstract

The purpose of the research. The activities of enterprises in the currently established business environment are difficult and high risk, therefore, it is necessary to form a common strategy that provides the information necessary for management decision-making. Information support for enterprises, depending on the specifics of the information collected, is provided by specialists in various industries. The source of the main information about the financial position and activities of the entity is accounting. However, not only is information collected, identified, processed, but also generated a significant value for individual groups of information users on the basis of accounting. In this regard, the article defines the role of management accounting in the construction of an integrated model. Furthermore, the necessity of control accounting in business planning is presented for making important, effective economic decisions of the subject in the future and the direction of its current development. In the creation of complex reporting for stakeholders, models consisting of several blocks that add their own characteristics found their expression.

Economic Problems and Legal Practice. 2023;19(1):283-287
pages 283-287 views

Current Issues of Tax Administration of Certain Categories of Taxpayers

Smirnova E.E.

Abstract

This study considers the theoretical foundations and practical aspects of tax administration of certain categories of taxpayers (on the example of the largest), classifies by administration subjects and by control areas. We considered the features of pre-inspection control, as well as the conduct of office and field tax audits, taking into account the specifics of the implementation of activities. The results of the transition to tax monitoring are evaluated, taking into account the feasibility and possibility of transition. Objectives of the research work: to identify the main issues arising in the tax administration of the largest taxpayers as the main entities providing tax revenues. Conclusions obtained during the study: areas of tax administration and prospects for their improvement are highlighted.

Economic Problems and Legal Practice. 2023;19(1):288-292
pages 288-292 views

Management

Digital Platforms of Creative Industries: The Experience of Russia and China

Gumerova G.I., Kokurina A.A., Shaimieva E.S., Trifonova N.N.

Abstract

The paper provides a critical analysis of the subject areas «digital platforms of creative industries», «platforms of creative industries»; formulated discussion questions in the field of the subject, the object of research. The object of the research is digital platforms of creative industries as designers of their online business development. The subject is digital platforms, the diversity of which contributes to the development of various types of economic activity of creative industries. Research methods: analysis, synthesis, classification. The objectives of the study are: actualization of research in the subject area of this study, namely: digital platforms in the development of creative industries in relation to Russian practice and China; formation of a classification of digital platforms of creative industries. In the work, a classification of digital platforms of creative industries is formed, with the allocation of universal and specialized platforms. The paper systematizes the material on digital platforms of creative industries (universal and specialized) in the practice of Russian companies of creative industries, Chinese. The work uses materials from the Scientific Electronic Library (NEB); the result of the project of the NAFI Publishing House (with the support of Google) (2021).

Economic Problems and Legal Practice. 2023;19(1):293-300
pages 293-300 views

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies