Vol 19, No 2 (2023)

The purpose of the research. The proposed article provides an overview of the aspects of authorship in relation to works containing materials generated by artificial intelligence. They are disclosed by the U.S. Copyright Office in the Copyright Registration Guidance dated March 16, 2023. The understanding of the authorship of such works was formed in US court precedents and is reflected in recent decisions of the USCO regarding works created using artificial intelligence technologies. The USCO continues to monitor new factual and legal changes related to artificial intelligence and copyright. Results. To current date, the requirements for authors have remained traditional, and applicants for copyright registration must orient on historically established relations in this area, even with respect to works containing materials generated by artificial intelligence.

The effectiveness of legal regulation of control over the execution of municipal budgets and ways to improve it are analyzed. The article notes that, as part of the justification for improving the mechanism of local budget execution, an algorithm for building an internal control system is proposed, and that an internal control system should be created in the municipality that could ensure the least loss of money and material resources at any stage of financial and economic activity.

The article discusses the development trends of the domestic system of state financial control in the fuel and energy sector. The current problems of law enforcement practice and problematic aspects of the implementation of state financial control in the fuel and energy sector, taking into account existing special economic measures, and conceptual approaches to regulating state financial control in the field of ensuring compliance by persons operating in the fuel and energy sector with enforcement measures (counteracting) aimed at ensuring the financial stability of the Russian Federation. The conceptual result of the study is the development of proposals for improving domestic legislation related to the establishment of a new type of state financial control—compliance with measures of influence (counteraction) aimed at ensuring financial stability and legal mechanisms for its implementation.

In the modern world, there is a trend of comprehensive development of entrepreneurship. At the moment, state policy should be aimed at the development of the national economy and the domestic market, as well as the formation of the results of digital transformation in the business sector. Such actions on the part of the state include: the introduction of digital transformation through existing vertical management structures to increase the demand for digital technologies; improvement of the business climate in general and investment in particular; targeted development initiatives to increase the demand for innovation; preferences in technology procurement and incentives for market participants to purchase. Initiatives to strengthen the confidence of the business community and citizens in the digital economy are also important. The author believes that in the context of entrepreneurship in the development of the digital economy, the organization of activities is considered within the competence of the entrepreneur, which allows to achieve maximum profit with minimal costs, but only with the help of digital technologies it is possible to create high-tech goods and services necessary for society. The author in the article analyzes the current national legislation on state support of entrepreneurship, considers the project «Digital Technologies» and the programs of measures to support entrepreneurship created within the framework of this project, as well as the technologies used. The author notes that the use of digital technologies has become more relevant in modern society, without which many entrepreneurs cannot imagine their existence. It is worth noting that today the legislation on business support is undergoing intensive development, which often leads to both gaps and conflicts of legal regulation.

Purpose of the study. The article deals with the problems caused by the lack of certainty in the content of the rules of the family type, arising from the insufficient development of the basic categories of family law. Their absence or underdevelopment leads to defects not only in family norms, but also forms an incorrect practice of their application, which does not allow for effective protection of participants in family relations, including children. The author comes to the conclusion that the imperfection of the norms can be eliminated through theoretical research and legislative decisions aimed at enriching the categorical apparatus of family law, as well as through the active use of fictions and presumptions in the field of family relations, which will eliminate the emerging gaps in their regulation and ensure uniform the use of the same terms in meaning, but different in meaning.

Formulation of the problem. The article deals with the problems associated with the recovery of alimony for minor children. It is stated that with all the variety of repressive measures used against the non-payer, the problem of collecting alimony remains relevant. Currently, we can say that there are many unresolved issues and gaps in the legislative regulation of the institution of alimony obligations that require prompt development. Target. Conduct a study of the legal regulation of relations for the recovery of alimony, identify current problems in this area and offer recommendations for their resolution. Conclusions. The analysis of existing problems was carried out and measures to overcome them were formulated.It has been established that alimony is a legal institution that allows you to protect the rights of children and disabled family members. It is proposed that in order to eliminate problems, it is necessary to resolve the issue of reducing the amount of responsibility, replacing real imprisonment with alternative punishments provided for by the current legislation.

In connection with the appearance of geographical indications in the Russian Federation, it becomes necessary to study the legal regulation of this means of individualization in other jurisdictions. This article deals with the regulation of geographical indications in India, as one of the first countries in Asia to introduce geographical indications. The article reveals the features of the legal regulation of geographical indications in India. The main features and procedure for registration of geographical indications in India are investigated. The article highlights the key decisions of Indian judicial practice related to geographical indications.

The article deals with the problem of convalidation of a transaction in case of its invalidity due to non-observance of the notarial form. There is considered the expediency of healing an insignificant transaction in case of non-compliance with the notarial form. The article uses foreign and domestic experience to solve such problems.

This article discusses typical problems that arise during the investigation of the corpus delicti provided for in Article 200.7 of the Criminal Code of the Russian Federation—«Bribery of an arbitrator (arbitration) judge». The author comes to the conclusion that there is currently no unified judicial practice of applying responsibility for this corpus delicti, which is due to the high level of latency of the socially dangerous act under consideration. At the same time, in modern conditions of the development of civil society, the institution of arbitration in domestic legal practice also acts as a poorly studied and rarely applicable legal phenomenon, which is reflected in reports on the statistics of cases under consideration by involving an arbitrator (arbitrator). The author analyzes the points of view available in the doctrine and formulates his own position aimed at improving the quality of the application of the methods of investigation of bribery of an arbitrator (arbitrator), taking into account the special economic and legal development of Russia at the present stage.

The article discusses certain aspects of criminal law aimed at ensuring the powers of officials of the preliminary investigation bodies. In particular, arguments are given about the need to consolidate in the criminal law responsibility not only for illegal acts related to obstructing a full, objective and comprehensive investigation conducted by investigators and interrogators, but also obstructing the procedural activities of the head of the investigative body, the head of the body of inquiry and the head of the unit of inquiry. It is also substantiated that the acts in question are subject to criminalization if they are committed at the entire stage of pre-trial proceedings.

The forensic characterization of murders is of particular importance for the investigation of crimes. Despite the fact that this characteristic has been developed in science for a long time, in practice, quite often some of its elements are not performed by law enforcement officers. Based on the analysis, the author comes to the conclusion that the forensic characterization of murders is essential for an effective investigation, and therefore it seems justified to implement it at the initial stages of investigative activities, which will reduce errors when bringing persons to criminal responsibility. The author believes that the forensic characterization of the murder is especially important at the initial stage of the investigation, as this will greatly facilitate the qualification of the unlawful act.

The foster family is of the utmost importance for the development of Russian society. This is because family relationships have the most effective influence on the process of formation and development of the child's personality. Despite the fact that the current Russian legislation defines in great detail the procedure for the creation and development of foster families, the specifics of obtaining the status of foster parents and the control and supervisory functions of guardianship and guardianship authorities over the functioning of foster families, in practice there are many cases of negative impact exerted by foster parents in respect of minors placed in their family for education. Such situations can not only harm the life and health of an adopted child, but also affect his worldview, opportunities for socialization and development. The compensatory nature of the considered legal relations, focused on the upbringing of the child, gives rise to significant risks and threats of the spread of criminal behavior among foster parents, which is expressed in the failure by these persons of their immediate duties, associated with child abuse. The purpose of the present study is to study the institution of criminal liability of adoptive parents for failure to fulfill the duties of raising a minor. The authors come to the conclusion that in the context of an increase in the number of foster families in the Russian Federation, there are significant risks of the spread of criminal behavior among foster parents. Attention is focused on certain law enforcement problems related to the effectiveness of the functioning of guardianship and guardianship authorities in the process of monitoring foster families, the solution of which will positively affect the provision of the rights and legitimate interests of foster children.

The article studies double criminality as a fundamental rule of extradition. Two criminal procedural problems are investigated that arise when we check an extradition crime for double imputation: the existence of a crucial difference in the dispositions of regulations, and the existence of a regulation which is conditioned by an administrative prejudice in the legislation of one of the extradition states. The author comes to the conclusion that it is necessary to observe the principle of the presumption of non-extradition if there are doubts about the criminal punishability of the extradition act under the legislation of one of the extradition states.

Objective: The reason for writing the article is the discovery of the reception of some doctrines and legal mechanisms of common law by the Russian legal system. The purpose of the article is to highlight the grounds on which the convergence of legal systems is possible, in order to form a common good faith view of the subjects of law about their legitimate expectations from justice, the protection of their legitimate rights and interests in different legal orders, as well as to answer the question whether in any areas of legal relations it is possible to consider humanity as a single subject of law, relying among other things on the opinions of several Russian scholars and foreign lawyers (R. Kolb and M. V. Hesselink). Model: The methodological basis of the article is the analysis of Russian and foreign doctrine on the issues of convergence, unification, harmonization, reception, interpenetration, universalization, integration and essential transformation of legal systems; synthesis and generalization in the form of highlighting the basis for convergence of national legal systems; analysis of the possibilities of forming a global legal polysystem. Conclusions: International law and natural need of mankind in protection of good faith and its requirements on the basis of negation of bad faith conduct as a method of legal regulation are the bases for rapprochement of national legal systems. Scope of research / possibility of further use of scientific work results: Research results are a part of new complex approach to the study of «bad faith conduct» as an independent legal concept, as well as to substantiation of new method of legal regulation—negation of bad faith conduct, which influences the reception of the best norms aimed at the most effective protection against bad faith by legal systems of countries. Practical importance: The author considers it necessary to study legal issues arising in connection with globalization. The processes of globalization in the modern world are characterized by the fact that due to the rapid development of scientific and technological progress the movement of information flows beyond national borders through the «Internet» becomes uncontrollable, disputes about jurisdiction and sovereignty of states in cyberspace arise, and due to the ever closer integration of national commodity markets, services and capital the economic interdependence of different countries increases, which countries have begun restrain to by unilateral restrictive measures, there are increasing flows of human migration. Legal systems are inevitably influenced by these processes, bringing changes to legal regulation. Originality/value: The article is addressed to the legal scientific community, legal practitioners, may be useful to law students at universities.

The international arbitration institutions settling in China is not only the need of building an attractive arbitration seat in China, but also the need of facilitating dispute settlement between Chinese and foreign parties, promoting the development of arbitration institutions and serving international trade and investment. Due to China's previous legislative and judicial practices, international arbitration institutions are faced with difficulties such as uncertain institutional identification, limited business scope and unclear award recognition and enforcement. However, as China's ascension arbitration credibility construction, China is taking active measures in judicial, administrative and legislative aspect to clarify the legal status of international arbitration institutions, broaden the business scope, promote the validity of arbitration agreement determination, and clear the nationality of arbitration award to recognition and enforcement. These positive measures demonstrate China's friendly attitude of vigorously supporting arbitration, and create a good prospect for international arbitration institutions in China.

The purpose of this study is to analyze the evolution and current state of institutional economics, to clarify its subject area, and to identify relevant problems. As a result, it was shown that modern institutional economics is one of the most productive and contradictory scientific fields. On the one hand, by combining the methods of various social sciences, it has offered effective tools for the solution of certain problems, has extended the economic approach to many spheres of life, has promoted the coordination of contradictory economic interests. It took into account the achievements of normative, ethical, informational, evolutionary, game, transactional, contractual and organizational approaches. On the other hand, due to the increased availability of data and the use of computational methods, institutional economics has been enriched by results in the areas of institutional diversity, institutional change, the study of the impact of institutional quality on inequality problems, and the role of individual economic actors. However, the degree of rationality of individual behavior, the impact of economic institutions on increasing imbalances in the distribution of wealth and power, the implementation of mechanisms of institutional change, and the transplantation of effective economic institutions remain debatable.

The relevance of the article lies in the description of the process of data analysis and modeling for solving the placement problem. The main purpose of the research work is to solve the problem of location and assess the degree of influence of the geographical characteristics of locations on the indicators of the economic efficiency of the organization. The article defines the concepts of economic efficiency and profit, as well as how they are related to each other. A number of tasks are described in solving the placement problem. Questions regarding the geographic data used and the formation of the target variable are covered in detail, namely, the questions are answered. What? How? Why? What—what factors can be used to identify the potential of a location. How is the processing of data on store revenues to the final form of the target variable, why such transformations are needed. The process of correlation analysis and feature selection for the subsequent stage of modeling is shown. The course of building the model and assessing its accuracy is described. And also the analysis of the residuals for the best combinations was carried out using the methods of non-parametric statistics. The main tools in the process of solving these problems were the Python programming language and its libraries pandas, numpy, scikit-learn, xgboost, hyperopt, statsmodels, scipy, matplotlib, seaborn. The result of this research work is the constructed machine learning models to determine the economic potential of a location.

Currently, the Russian economy is facing unprecedented sanctions pressure from Western countries. In addition to import substitution and digitalization, one of the most important directions of government policy is the simplification and stimulation of new technological solutions (startup projects). The aim of the research is to study the potential of using artificial intelligence and machine learning in pre-investment analysis of the startup projects' potential profitability at early stages of development for subsequent venture investment. As a result, a number of recommendations have been proposed for the development of venture investment in Russian startup projects. Furthermore, the technological and information foundation has been described in accordance with the directions of the application of artificial intelligence and machine learning. The approaches to formalizing the parameters of the future venture investment recommendation system have been explored for subsequent practical application: identifying promising startup projects, calculating risks and potential profits.

The purpose of this article is to conduct a study in the field of economic security at the level of threats defined by the Eurasian Economic Union. The theoretical significance of this article is the analysis and systematization of scientific research related to the mechanism of economic security at the level of threats determined by the Eurasian Economic Union. The practical significance of the presented research is that the main causes and conditions of threats determined by the Eurasian Economic Union have been established, as well as mechanisms for neutralizing such a phenomenon have been proposed, which will allow improving the mechanism of causes and conditions of potential threats determined by the Eurasian Economic Union. The conclusions obtained in the course of the study are as follows: scientific research related to the mechanism of causes and conditions of potential threats determined by the Eurasian Economic Union is systematized; the features of its development in modern conditions are disclosed.

At the moment a difficult situation is developing, which according to the existing signs will be characterized not only by rather serious sanctions for Russia, but also by a slowdown in the global economy likely problems in the field of energy resources and food security. Thus, if one takes the analogy of past challenges, global and local negative trends are likely to overlap. At the moment when most analysts are very careful about forecasts and possible consequences due to the continued increase of sanctions, uncertainty about the extent of impact on the Russian economy, the authors suggest that rapid and urgent economic actions both on the federal and city levels are preferable. The article examines the impact of these measures and activities, it is concluded that such operational measures make it possible to prevent a significant imbalance of the system, preserve its ability to self-regulate, give signals to redirect resources to higher priority areas.

The purpose of the study is to develop recommendations for the implementation of the procedure for the managed withdrawal of enterprises from the equilibrium state in order to move to a higher level of innovative development. Based on the results of the work, the following main conclusions were obtained. To ensure economic sustainability, an enterprise, on the one hand, must ensure an equilibrium state of its economy, that is, not go beyond the range of variation established by the development strategy. However, in this case, a contradiction arises, since the business must develop and these limits will restrain it. Therefore, the task of ensuring the economic stability of enterprises does not leave the agenda of economic research and has not yet received its final decision. As the study showed, for a managed transition to a new qualitative level within the framework of ensuring its economic stability, it needs to have technology to exit the state of economic stability in order to eliminate the limitations of the external and/or internal measurement of this category, as well as return to the original equilibrium state. In other words, to develop and implement a project for the managed withdrawal of an enterprise from an equilibrium state in order to move to a higher level of development in terms of increasing the «throughput» of a business or increasing its scale and then stabilizing this state—in the traditional sense. For these purposes, it is most acceptable to use the provisions of the theory of limitations of systems due to the need to perform a large amount of difficult-to-formalize logical examinations during the implementation of the project.

The scientific article is devoted to the research analysis of the implementation of the mechanism of tax monitoring of individuals at the current stage of the formation of the tax administration system in the Russian Federation. The relevance of the study is due to the fact that tax monitoring can be one of the most effective mechanisms for tax administration of individual income. The article analyzes the main types of income of individuals. The dynamics of personal income tax by types of income has been analyzed. The article considers the characteristics of tax deductions as an incentive tool. The features of storing data on the finances of individuals in Russia are described. The main risks for individuals from the point of view of sanctions for violation of tax legislation are considered. The prospects and possible effectiveness of the use of the mechanism of tax monitoring of personal income for the tax regulation bodies of the state and taxpayers are analyzed.

Objectives of the research work: to identify the main issues that arise when analyzing taxpayers' transactions, allowing to identify unreasonable tax benefits. Conclusions obtained during the study: the directions of analysis of contracts and prospects for their development are highlighted in order to identify unreasonable tax benefits for assessing the amount of tax offenses. The article discusses the theoretical and practical aspects of pre-audit analysis, which is aimed at the reasonable choice of taxpayers for inclusion in the plan of field tax audits in terms of analyzing contracts, primary documents, tax registers and tax reporting, which can be used by taxpayers in the implementation of tax planning, and by tax authorities—to develop an effective pre-audit analysis strategy. The main types of contracts are considered in detail, the analysis of which reveals unreasonable tax benefits, taking into account incorrect registration, economic validity of concluding related transactions and confirmation of the reality of operations.

In this article, the toolkit of state programs is considered in order to ensure the possibility of managing the costs of digitalization of the public administration system of the subject of the Russian Federation on the example of the city of Moscow, the problematic points of application of the presented mechanism in the context of the issue under consideration are identified, the author's concept of digitalization is presented.

The purpose of the article is to identify the changing role of marketplaces in the conditions of their increasing market share, as well as taking into account the evolution of marketplaces from a showcase to the main platform for the development of businesses of various sizes, including small businesses. Special attention in the article is paid to the support of small and medium-sized businesses, which are taken over by foreign marketplaces, but so far Russian marketplaces are not actively doing it. In Russia, marketplaces account for about 70% of online orders and about 40% of the turnover of all online trade, and the three largest sites account for 42% of turnover. Taking into account the increasing popularity of marketplaces and the attraction of an increasing number of sellers by them, the problem of providing sufficient support to sellers becomes urgent, which involves not only training in the basics of trading, but also financial literacy, working with analytical reporting, as well as mentoring. In this matter, marketplaces-leaders should assume a dominant role, which will make it easier to enter and work on platforms.