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Vol 19, No 3 (2023)

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Theoretical and Historical Legal Sciences

Implementation of the Human Rights Function of the Notary in the Russian Federation

Nazarova L.A.

Abstract

The notary acts as a special subject of law enforcement activity, which is endowed with exclusive powers to implement law enforcement functions in the state by performing notarially significant actions. In the process of realization of the human rights function by the notary, as well as by other subjects of law enforcement activity, many practical and doctrinal problems arise, which are the subject of research within the framework of this article. In the context of the development of civil society, the role of the notary is also increasing, which makes it necessary to expand the activities of the notary in domestic practice, taking into account international standards for the implementation of notarial actions. The article forms proposals aimed at overcoming problems and conflicts arising in the process of legal regulation of notary activity in the conditions of modern reality.

Economic Problems and Legal Practice. 2023;19(3):14-18
pages 14-18 views

«Accessory» as a Category in the Theory of Law

Trukhan R.P.

Abstract

The article examines the general theoretical aspects of the formation of accessorism in private and public law. There are signs of accessory in the branches of law, the author tries to give a general theoretical concept of «Accessory». This article will be useful to supplement the theoretical material in the knowledge of accessory, for example, teaching the institute of accessory obligations in the master's degree. Since this institution, in the fair opinion of E.N. Fetsenko: «... cannot be considered sufficiently developed, since in domestic law, named security obligations were mainly studied.», and therefore it should be recognized that for a full understanding of the theory of «Accessory», its comprehensive study is necessary, not only at the level of translation of the term from Latin and reasoning in a narrowly developed civil direction, but also an understanding of accessory based on its historical development and the peculiarities of its reception in Russian law. Based on the study of these postulates. Most of the research works concerning accessorism have a narrowly sectoral (private law or criminal law) approach, despite the fact that there are no studies substantiating that accessorism is a legal institution. Or maybe it's a legal concept or a legal construction. Judicial practice has gone even further: courts actively refer to the accessory nature of the obligation, primarily security, while the property of accessory is not fixed and is not disclosed. It turns out that the property of accessory is applied, intuitively, only by indirect signs of accessory (additional (dependent accessory) character in relation to the provided one), which is not permissible, since the terminology used in the administration of justice must be verified in terms of its formal and legal certainty. Hence, it can be assumed that accessorism is used as a legal instrument. Therefore, the correct understanding of accessory as a legal category is especially important.

Economic Problems and Legal Practice. 2023;19(3):19-22
pages 19-22 views

Public Law (State and Legal Sciences)

Current Approaches to Improving the Mechanism of Public-private Partnership in the Implementation of Joint Investment Projects

Melnikova D.A.

Abstract

To date, public-private partnership in most foreign countries, both developed and developing, has demonstrated the effectiveness of solving infrastructure problems, as it is recognized as a well-developed economic concept. In turn, for Russia, the institution of public-private partnership, despite the accumulated experience, is insufficiently formed. The lack of understanding of the importance and possibilities of using this institution has a negative impact on the further development of the Russian market of public-private partnership projects. At the same time, it seems that promising areas for the development of public-private partnership will allow us to formulate a favorable model for the implementation of joint investment projects.

Economic Problems and Legal Practice. 2023;19(3):23-28
pages 23-28 views

«Technical Company» as an Evidence in Disputes of Unreasonable Tax Benefit

Orlova N.A.

Abstract

Purpose of the study. The relevance of the problem under consideration is beyond doubt, since more than 90 percent of all tax offenses and economic crimes related to tax evasion, fraud, illegal banking activities are based on the involvement in economic circulation of nominal structures, a single name for which has not been developed either by science or practice, which is a serious gap not only in matters of proof, but also in the suppression of offenses and crimes. The criteria for nominal structures applied by the tax authorities do not correspond to reality, which leads to an incorrect assessment of the validity of the application of the tax benefit. Conclusions. In the course of the study, a reasonable choice was made of the most appropriate term for the nominal structures used in taxation, a definition of a «technical» company was developed, which makes it possible to take into account the most basic features that are basic for various types of such structures, the use of which will not allow the erroneous classification of independent business entities as categories of nominal structures. The generalization of law enforcement practice made it possible to identify the circumstances that must be proven when using «technical» companies to minimize taxes, the use of which will improve the efficiency of tax control and exclude unreasonable prosecution of taxpayers.

Economic Problems and Legal Practice. 2023;19(3):29-35
pages 29-35 views

On-site Tax Audits: Modern Realities and Problems of Legal Regulation

Savostyanova S.A., Afonin K.Y.

Abstract

Currently, there is an increase in the efficiency and quality of tax audits. A clear and structured analysis of long-term practice allows a more constructive approach to the control of the financial and economic activities of the enterprise with the subsequent identification of offenses. However, with positive dynamics, a certain number of problems still remain. The measures proposed in this article to improve and develop tax control in the Russian Federation are aimed at improving the tax culture of taxpayers, at forming trusting public relations between taxpayers and tax authorities, which will increase tax collection and reduce conflict in tax legal relations.

Economic Problems and Legal Practice. 2023;19(3):36-43
pages 36-43 views

Financial Control in the Russian Federation and the Republic of Azerbaijan: Comparative Legal Regulation

Konovalova Z.A.

Abstract

The article provides a comparative legal analysis of the activities of the financial control bodies of the Ministry of Finance of the Russian Federation and the Ministry of Finance of the Republic of Azerbaijan, as well as their subordinate organizations. The regulatory documents regulating the conduct of financial control are analyzed. The features of financial control are considered, the priorities of state regulation of control and supervisory functions of states are noted, the powers of regulatory bodies are determined. Both common features of financial control and differences in the conduct of financial control activities are identified, in particular, in relation to the object and subject of financial control, areas of financial control activities. It is noted that the legislation of both countries contains a number of provisions that can be taken into account to improve the financial legislation of both states when conducting financial control: conducting current financial control, requirements for material support of employees of regulatory authorities during financial control activities.

Economic Problems and Legal Practice. 2023;19(3):44-51
pages 44-51 views

Current Issues of Combating the Use of Cryptocurrencies in Drug Trafficking and the Distribution of Pornography

Ponamorenko V.E., Smetanina S.S.

Abstract

Cryptocurrencies have become a popular tool for shadow operations because of their anonymity and security. Some countries are already actively taking measures to combat this phenomenon, but this is not always effective due to the possibility of performing shadow operations through anonymous networks. The issue of tracking criminal transactions with cryptocurrencies and combating their use in drug trafficking and pornography is becoming increasingly relevant. The purpose of the article is to analyze various methods of combating criminal transactions using cryptocurrency. One of these methods is the use of blockchain technology, which allows you to track all transactions related to cryptocurrency. The article also discusses methods of combating the use of cryptocurrencies in drug trafficking and the distribution of pornography. One of these methods is the use of specialized programs to monitor Internet traffic and identify suspicious transactions with cryptocurrency. These programs allow you to identify not only financial transactions, but also the location of the participants in the transaction. Legislative measures are important tools in the fight against criminal activity in cryptocurrency. Some countries have developed a legislative framework for controlling cryptocurrency transactions and tracking non-prohibited transactions. Despite all efforts, the problem of tracking criminal transactions with cryptocurrency remains relevant. This is due to the fact that anonymous networks, such as Tor or VPN, allow you to hide the location of the identification data of the participants in the transaction. Therefore, in order to more effectively combat criminal transactions with cryptocurrency, it is necessary to continue to develop new methods and technologies. The article concludes that the methods of combating the criminal use of cryptocurrencies can be strengthening the legislative framework and regulation of the use of cryptocurrencies, as well as expanding the jurisdiction of law enforcement agencies and increasing the number of employees specializing in tracking cryptocurrency transactions.

Economic Problems and Legal Practice. 2023;19(3):52-58
pages 52-58 views

Private Law (Civil) Sciences

Tokens and Decentralized Finance: Legal Regulation Specificity in the Swiss Confederation

Odintsov S.V., Zyryanova O.I.

Abstract

Digital technologies have long been an integral part of economic and social relations. For example, it’s difficult to imagine modern society without various alternative means of payment. The widespread distribution of tokens and the development of cryptocurrency markets have significantly influenced the further development of the economy and law. Many loyal jurisdictions for the development of crypto business, such as the Swiss Confederation, in an effort to gain influence on the crypto asset market, adapt legislation regarding the regulatory regulation of digital (virtual) assets. The purpose of the study is to consider the current trends in the legal regulation of tokens in Switzerland under the influence of global trends in the crypto market, taking into account classification approaches. As a result of the conducted research, it became obvious that Switzerland, as the so-called «European crypto valley», seeks to provide a solid legal basis for the effective use of distributed registry technology and the widespread use of crypto assets. However, despite the constant development of legislation in terms of regulating the circulation of crypto assets and ensuring law enforcement practice in this area, the Swiss Confederation is currently still in the process of forming a holistic legal regulation of asset tokenization, since the adopted regulations regulate only certain aspects of the circulation of crypto assets and ICO.

Economic Problems and Legal Practice. 2023;19(3):59-67
pages 59-67 views

Problems of Ensuring the Protection of the Rights of Spouses in Bankruptcy Cases: Trends and Prospects

Letova N.V.

Abstract

Purpose of the study. In this article, the author considers the problems of theory and practice that arise due to the lack of precise criteria in the bankruptcy rules that allow differentiating the bankruptcy procedure depending on the legal status of a person (the status of a spouse or ex-spouse). The article outlines the problems associated with determining the jurisdiction of such cases, the distribution of debts between spouses, the legal fate of their common joint and personal property in cases of formation of a bankruptcy estate in bankruptcy cases of one of the spouses, systematizes the regulatory conditions that make it possible to distinguish between general and personal obligations of spouses, in a state of bankruptcy. The author formulated general trends in the development of bankruptcy legislation, identified the prospects for its development, proposed ways to improve the bankruptcy procedure for one or both spouses (former spouses), formulated proposals for improving the bankruptcy rules, taking into account the established judicial practice in such cases.

Economic Problems and Legal Practice. 2023;19(3):68-74
pages 68-74 views

Compensation for Moral Damage: Theory, Problems of Law Enforcement Practice and Ways of Overcoming them

Afanasyev I.V., Morozov N.A.

Abstract

The article attempts a comprehensive analysis of the institute of compensation for moral damage. The task of this study is, firstly, to clarify and explain the philosophical essence of moral damage as a result of violation of individual rights. Secondly, to clarify the reasons for existing problems of the institute of compensation for moral damage in the domestic legal order at different levels: object, subject, as well as ideology. Analysis of court decisions shows that there are two directions in the activity of law enforcers on the issues of compensation for moral damage: expansion of the scope of legal assessment, as well as assignment of proportional amounts of physical and moral suffering. The development of the institute of compensation for moral harm is going on successfully. At the same time, the issue of the amount of compensation payments is a vulnerable point in the domestic legal order. Examples of court decisions demonstrate the bias of sums in relation to both suffering and socio-economic conditions in the Russian Federation. Also, the range of tasks includes finding out the ways of increasing the amounts of compensation. As a result, the following most common in the doctrine proposals were identified. The first way—increase in the amount within judicial discretion—according to the author is not possible in the current situation. The second, related to the formulaic method of calculating compensation, has only a doctrinal basis. At the same time the judicial practice contains exceptional court decisions in which the studied methods of calculation of compensation for moral damage appeared. The authors emphasize the importance of this direction as an additional way to eliminate the problem. The main, in his opinion, can be the activity of the Supreme Court of the Russian Federation, aimed at developing its own political and legal approach to determining the amounts of compensation. The conducted analysis of a number of decisions of the supreme judicial body has shown the conditions under which its activities may have favorable practical results.

Economic Problems and Legal Practice. 2023;19(3):75-81
pages 75-81 views

Topical Issues on a Civil Law Contract in the Field of Paid Provision of Training Services

Nikulin A.S., Garnaya-Ivanova I.A., Belyalova A.M.

Abstract

The article is devoted to the study of a civil law contract in the field of paid provision of training services. In this work, on the basis of the studied scientific literature, the main characteristics of the contract are analyzed. The article focuses on the analysis of the subject of the contract and draws conclusions about the possibility of concluding this type of contract only in some cases, for example, with tutors, or for the development of a specific advanced training course or for conducting advanced training classes. Attention is focused on the essential condition of a civil law contract in the field of paid provision of training services, such as the scope of services, the parties to the contract, the place of provision of services.

Economic Problems and Legal Practice. 2023;19(3):82-86
pages 82-86 views

The Method of Comparative Law in the Analysis of Debtor Rehabilitation Models

Efremov V.V.

Abstract

The purpose of the study is to identify the typology of the legal systems of the world depending on the models of rehabilitation procedures in case of bankruptcy. To do this, the author used a set of methodological approaches. In particular, this is a method of comparative law for identifying general and special features of the legal regulation of bankruptcy. The formal-logical method and institutional theory also gained fundamental importance. Conclusions: The main typology of legal systems for debtor and pro-creditor legal models demonstrates different proportions of guarantees for participants in bankruptcy. In the debtor model, there is an unguaranteed restoration of the debtor's economic position. Its rehabilitation takes a long time, which reduces the cost of the business and increases the risks for counterparties. In legal systems with a pro-creditor model, rehabilitation procedures guarantee the preservation of the value of the debtor's assets. This allows you to satisfy the requirements of creditors, and the sold property remains in the market.

Economic Problems and Legal Practice. 2023;19(3):87-90
pages 87-90 views

Criminal Law

Problems of Criminal Legal Assessment of Infringements on Human Anatomical Integrity

Chukreev V.A.

Abstract

Purpose of the study. The article deals with the problems of improving the mechanism of legal support of the rights and legitimate interests of citizens in the application of modern medical technologies. The emergence of transplantology as an independent area of medical activity at the beginning of the 20th century showed that already in those years there was a differentiation of its various methods, suggesting significant differences in its legal regulation. The provisions of the Russian legislation on transplantology do not cover the entire set of social relations in this area, which creates a breeding ground for a variety of, including criminal law violations. This article shows the directions of development of criminal legislation to protect the anatomical integrity of a person. To achieve this goal, the work used a set of research methods widely known to science, including the analysis of scientific literature, legislative acts and regulatory documents, as well as studying the experience of other countries and international organizations. Conclusions. In the course of the study, the author comes to the conclusion that in order to improve the mechanism of legal support for the rights and legitimate interests of citizens of the Russian Federation in transplantology, an integrated approach is needed, including updating the legislation. For this, proposals to the legislator on improving the Criminal Code of the Russian Federation are formulated.

Economic Problems and Legal Practice. 2023;19(3):91-99
pages 91-99 views

Some Features of the Qualification and Application of Criminal Non-fulfillment of Duties for the Upbringing of a Minor

Kovalevich M.I.

Abstract

The article substantiates the need to protect minors from abuse, including in the historical context, the variability of approaches in the interpretation of the term «abuse» in law enforcement practice.

Economic Problems and Legal Practice. 2023;19(3):100-104
pages 100-104 views

Retrospective Study of Responsibility for Medical Crimes in the Sources of Law of the Period of Formation and Strengthening of the Russian Centralized State

Khamkov M.V.

Abstract

The stagnation of legal regulation of responsibility for medical crimes during the formation of the Russian centralized state is largely due to the influence of religion, which affected all spheres of public life, including healthcare. Most of the folk medical practices were criminalized, which was often accompanied by bringing to the highest degree of responsibility. Nevertheless, it was in this era that the social, political and legal prerequisites for the development of a regulatory framework for modern criminal law counteraction to medical crimes were formed. In this connection, this article is devoted to the consideration of key aspects related to the legal regulation of relevant public relations.

Economic Problems and Legal Practice. 2023;19(3):105-108
pages 105-108 views

Publicity in Criminal Proceedings under an Emergency Situation, Including with the Participation of a Jurer: Problems of Legal Regulation

Kostenyuk E.A.

Abstract

The article deals with the problems of publicity in the criminal process, implemented with the participation of jurors and complicated by the conditions of an emergency. The process of implementation of publicity in these conditions, the problems of the conceptual apparatus, legislative techniques are analyzed. The purpose of the study is to reflect the features and problems of the manifestation of publicity in a criminal trial with the participation of a jury in the presence of an emergency, to propose novels aimed at the effective implementation of publicity. This is necessary for the formation of directions for the further development of legislation in the designated area. As a result, the author formulates a conclusion: legal science should continue to be called upon to study issues related to the need to transform the norms on criminal procedure in an emergency, including when considering a criminal case by a jury, and the legislator should attempt to improve existing sources of law. The author substantiates the need: to amend Art. 1 of the Federal Law «On the protection of the population and territories from natural and man-made emergencies» in relation to the author's understanding of the legal category «emergency»; to include in the Code of Criminal Procedure of the Russian Federation (Section X.) the chapter «Peculiarities of Proceedings in an Emergency Situation», supplemented by articles: «Publicity of Court Proceedings» and «Proceedings with the participation of jurors». The author concludes that the effective transformation of the phenomenon of publicity in the criminal process is possible through further improvement of legislative approaches in the field of publicity.

Economic Problems and Legal Practice. 2023;19(3):109-114
pages 109-114 views

International Legal Sciences

Scientific and Methodological Approaches to Improve the EAEU Law on the Basis of Legal Instruments and Tools of the World Customs Organization

Mozer S.V.

Abstract

A task. To form scientific and methodological approaches to improve the EAEU law based on the WCO legal instruments and tools. Conclusions. The article examines in a complex the prospects for the modernization of the Union's law in the framework of interaction with the WCO, formulates theoretical provisions on «international customs standards» and characterizes thelegal aspects of the implementation of paragraph 11.7.5. of Strategic directions in terms of interaction with the WCO. It also analyzes the possibility of the Union to join the WCO legal instruments and tools, as well as the modernization of the Union's law on the basis of international standards in the field of customs regulation. 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 WCO fundamental legal instruments and tools. 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(3):115-126
pages 115-126 views

Economic Theory

On the Dark Side of Reducing Transaction Costs: Development, Efficiency, Communication

Kushnir A.M.

Abstract

The purpose of this study is to examine the modern features of transaction costs and their impact on the efficiency of the economy. Based on the analysis of different approaches to the phenomenon of transaction costs the following conclusions were argued in the article. 1. The transition from the Gutenberg galaxy to the Zuckerberg galaxy has led to a decrease in some transaction costs and an increase in other transaction costs. 2. Algorithms of digital platforms significantly predetermine consumer choice. 3. The labor market will be in constant flux. This will lead to a significant increase in switching costs for many professionals. 4. Reduced trust and loyalty to digital technologies is in some measure related to the loss of face-to-face contact. 5. Reduced transaction costs are perceived not only as a boon, but also as: A threat to sustainable everyday practices, a prerequisite for reduced market competition, increased risks and crisis shocks in business and cybersecurity, increased bureaucracy in state institutions and corporations, increased property and information inequalities.

Economic Problems and Legal Practice. 2023;19(3):127-133
pages 127-133 views

Problems of the Functioning of the Economic and Legal Mechanism of Money Circulation in the Russian Federation

Anishchenko A.V., Vybornyy A.A.

Abstract

The need to analyze the fundamental problems of ensuring financial security and protecting the country's financial sovereignty in modern conditions necessitates clarifying the methodological foundations for understanding the role of money circulation in this area in developing effective measures to influence the development of financial practice in Russian reality and transforming the existing monopolar world order into a multipolar world governance structure. civilization.

Economic Problems and Legal Practice. 2023;19(3):134-140
pages 134-140 views

Mathematical, Statistical and Instrumental Methods in Economics

Preliminary Data Analysis and Feature Construction in Financial and Economic Information Processing Tasks

Semenova P.A., Grineva N.V., Mikhaylova S.S.

Abstract

Machine learning is the main field of artificial intelligence. This contributes to a new stage in the development of the field of information technology, since now the computer is able to switch to self-learning mode without explicit programming. The aim of the study was to find the optimal set of exogenous variables that ensures the best quality of the model in the task of forecasting output volumes. As a result, several methods of constructing new attributes are implemented and the main aspects in the preprocessing of data from this subject area are highlighted.

Economic Problems and Legal Practice. 2023;19(3):141-152
pages 141-152 views

Creating a Supplier Utility Metric and Researching it to Work with Segments

Grineva N.V., Sukhan M.A., Kontsevaya N.V.

Abstract

According to Marketplace Research 2022, the e-commerce segment is growing rapidly, but sellers don’t always understand what factors affect liquidity. Developing a recommendation system and set of measures based on seller usefulness will potentially improve service quality, positively impact the consumer experience, help the marketplace increase seller support and interaction with sellers, and improve the marketplace's competitiveness and reputation. The purpose of the study is to create a seller usefulness metric to further build a recommendation system and develop a set of measures to work with segments of sellers. Results: the algorithm for assessing the usefulness of the seller can be used to create a recommendation system and develop a set of measures that improve the quality of services and the potential profit of the site.

Economic Problems and Legal Practice. 2023;19(3):153-166
pages 153-166 views

Café’s Performance Modeling with Spatial Data

Ivanov I.D., Abliazina N.H., Grineva N.V.

Abstract

The relevance of the article lies in the importance of the placement problem for the economic performance of organizations and the growth of interest in the use of spatial data in decision support systems in recent years. The main purpose of the research work is to model the estimation of impact of important spatial features for café’s turnover prediction. The article analyzes some approaches that combine spatial data with machine learning to solve the placement problem. A correlation analysis of spatial data has been carried out. A multistage feature selection for two sets of features proper for different types of models was made. The hyperparameter optimization for the selected modeling methods (linear regression, decision tree, random forest, gradient boosting) was made and models were created. The main tools are the Python programming language and its libraries pandas, sklearn, XGBoost, hyperopt, shap, boostaroota. The analysis of the obtained results was carried out. The gradient boosting model was identified as optimal in terms of accuracy and interpretation. The result of the work is the created approach to modeling the economic performance of a company using machine learning based on spatial data.

Economic Problems and Legal Practice. 2023;19(3):167-178
pages 167-178 views

Regional and Sectoral Economics

Regional Differentiation of Industry Development in Modern Russia

Vertakova Y.V., Ilyasov R.K., Plotnikov V.A.

Abstract

The introduction of sanctions by the countries of the «collective West» in 2022 caused a crisis in the Russian economy. This affected the volume and structure of production not only at the national, but also at the regional level. The economies of different regions reacted differently to the sanction’s crisis. The article assesses the impact of the crisis challenges of 2022 on the industrial complexes of the Russian regions, identifies the factors that determined the strength and direction of this influence, indicates that their manifestation leads to differentiation in the development indicators of the industrial complexes of the regions.

Economic Problems and Legal Practice. 2023;19(3):179-184
pages 179-184 views

Risks of Artificial Intelligence Development in Selected Branches of Russian Economy

Alekseev V.N., Zuev P.A.

Abstract

The article is devoted to the study of the reasons for the formation of artificial intelligence risks in certain sectors of the Russian economy. The relevance of the research is due to the increasing influence of artificial intelligence (AI) on the socio-economic development of the leading countries of the world, the scientific and information blockade of Russia and the growing lag behind world leaders in this field. The article continues the cycle of research on the influence of the AI factor on the socio-economic development of Russia in this publication. In particular: Alekseev V.N. «The evolution of the concept of investment climate in the transitional economy of Russia» 2022 No. 1; Alekseev V.N., Mekaeva A.V. «The impact of artificial intelligence on the investment climate and socio-economic development of Russia» 2022 No. 2 and others. The purpose of this article is to identify the risks of AI in certain industries and offer options for managing them. The object of the study is individual branches of the Russian economy. The subject is the risks of artificial intelligence. Tasks: to identify AI risks; to identify the reasons for the formation of these risks; to propose risk management options. The study allowed us to conclude that in addition to the risks caused by the SVO, the main reasons for their formation are the chronic underfunding of research and development in this area, the lack of programs (projects) for the development of AI for medium and long-term periods. Practical significance. The fact is that the conclusions and proposals made are quite feasible and can significantly mitigate a number of risks in certain sectors of the Russian economy.

Economic Problems and Legal Practice. 2023;19(3):185-191
pages 185-191 views

Adaptation and Development of the Territory's Innovative Infrastructure in the Digital Environment Methodology

Gileva T.A., Galimova M.P., Khussamov R.R.

Abstract

Purpose of the study. The article discusses the features of the territory's innovation ecosystem as a result of the transformation of the regional innovation structure in the digital environment. The role of the innovation infrastructure as an organic ecosystem component, realizing its functions through the dynamic structure of ecosystem roles and various cooperation models is shown. The aim of the work is to study the innovation ecosystem from the standpoint of the innovation process's participants (actors) role structure, which provides the necessary conditions for the implementation of successful innovation activities, and on this basis to form methodological provisions and tools for adapting and developing the territory's innovation infrastructure to the digital environment. Conclusions. Taking into account the concept of hyper-collaboration, the key methodological provisions for adapting and developing the territory's innovative infrastructure in the digital environment are identified. Distinctive features of the proposed approach are: analysis of the role and tasks of the innovation infrastructure from the standpoint of ecosystem roles' dynamic structure, taking into account the multi-level and «multi-core» format of interaction between actors, as well as the iterative nature of management in accordance with the design thinking technology. A system of principles has been formed and a conceptual model for managing the development of the territory's innovative infrastructure in the context of digital transformation has been developed, which involves the initial creation of a minimum viable ecosystem with its subsequent adjustment and scaling. For industrial enterprises as actors of the innovation ecosystem, a configurator of ecosystem roles has been built, which makes it possible to determine the most appropriate role depending on the maturity levels ratio of the enterprise and the ecosystem as a whole. A digital technology transfer platform has been identified as a key element (core) of the territory's innovative infrastructure. The key roles of participants on the platform are identified and it is shown which of the ecosystem participants can play these roles. A landscape of digital technology transfer platform services has been developed in the context of allocated roles for all stages of the technology transfer process.

Economic Problems and Legal Practice. 2023;19(3):192-200
pages 192-200 views

Judicial Novelties and Conflicts in Tariff Legislation

Grunichev A.S., Khabibullina L.V.

Abstract

The purpose of the study. Tariff policy has a multifactorial impact on the indicators of socio-economic development of all regions of the Russian Federation and the country as a whole. The standard of living of the population is increasingly dependent on utility tariffs. The issue of paying for utilities is also acute for business representatives. The article examines in detail examples of positive and negative judicial practice in solving issues related to tariff formation. The issues of the application of legislative acts in solving various controversial issues when making decisions on tariff regulation are analyzed. The practical application of legislative and legal acts is considered and the ambiguity of their use is proved. The purpose of the study is to identify and establish contradictions in Russian judicial practice in order to identify key areas that require improvement. This is necessary to make changes and clarifications to the current tariff legislation. Analytical, statistical and descriptive methods were used in the study. Conclusions. As a result of the conducted research, the authors came to the conclusion that the legislative acts applied in Russia are interpreted ambiguously in a certain controversial situation, which entails their clarification with the help of detailing and adjustments. Based on the results of the study of the designated topic, the authors proposed initiatives to amend the current federal legislation.

Economic Problems and Legal Practice. 2023;19(3):201-209
pages 201-209 views

Analysis of Sources of Financing of Commercial Organizations on the Example of the Largest Commercial Banks of the Russian Federation

Karabasheva M.R., Mitrofanov V.A.

Abstract

Task. The article reveals the characteristics of sources of financing for commercial banks, which in turn form a large share of the economy of any state. The main objectives of the study: to classify possible sources of business financing, to analyze the sources of financing of Sberbank PJSC, VTB PJSC and Tinkoff Bank JSC, to compare the sources of financing of three banks. Methods. The methodological basis of the study is analysis and synthesis. The study was conducted on the basis of the annual financial statements of Sberbank PJSC for 2021-2022 and VTB PJSC, Tinkoff JSC for 2018-2022. Conclusions. It was concluded that in 2022 the largest banks of the Russian Federation successfully overcame the rapid decline in the level of liquidity caused by the freezing of bank assets abroad. The main measure to increase the volume of assets was to raise funds through bank deposits, issues of debt securities and shares. Practical value. The practical significance of the article is that the conclusions and proposals are aimed at finding the most effective and attractive ways to finance banking activities under the conditions of sanctions. Commercial banks will be able to take advantage of the identified advantages of the research methods of financing. Originality. In the context of the freezing of Russian assets abroad, the role of commercial banks in the country's economy is significantly increasing. The study conducted by the authors addresses the problem of the difficulty of finding sources of financing for banking activities.

Economic Problems and Legal Practice. 2023;19(3):210-216
pages 210-216 views

Management Consulting in Crisis Management

Kashirskaya L.V., Bazoev M.V., Zurnadzhyants Y.A.

Abstract

A task. Are being considered theoretical and methodological aspects of management consulting in the development of anti-crisis management strategy. The analysis of the effectiveness of management consulting in the development of anti-crisis management strategies is carried out. Tasks were set and solved to study the theoretical foundations of management consulting in the development of anti-crisis management strategies, as well as to analyze current trends and features of management consulting in the development of anti-crisis management strategies on the example of TMT industry organizations. Methods. The methodological basis of the research is the works of domestic and foreign scientists and the research of practitioners in the field of crisis management, the provision of management consulting services; analytical and informational materials on the dynamics of the development of TMT in Russia. Conclusions. It is concluded that in the current economic situation in Russia, the provision of management consulting services in the development of anti-crisis management strategies in order to prevent the bankruptcy of organizations is extremely necessary. Modern organizations do not have enough of their own financial resources, strategies for ensuring financial stability have not been formed, which leads to a deterioration of the financial situation and instability of development. Practical significance. The practical significance of the article is that the conclusions and suggestions are aimed at strengthening the emphasis in the development of efficiency and improvement of management consulting methods. Originality. The study conducted by the authors revealed the need for a comprehensive, systematic analysis of the problems associated with management consulting in the development of an anti-crisis management strategy, which were presented in the article.

Economic Problems and Legal Practice. 2023;19(3):217-224
pages 217-224 views

Discount Audit: Content and Scope

Kashirskaya L.V., Zurnadzhyants Y.A., Kutsaya S.S.

Abstract

Task. This article is an in-depth study of the due diligence audit, its content and scope. Due diligence is an important part of any business transaction, investment, or partnership because it helps organizations make informed decisions, identify potential improvement opportunities, mitigate transaction risks, and increase the likelihood of a successful outcome. The article presents a classification of the types of due diligence audit and the main stages of verification inherent in them, as well as the importance of conducting ESG, regulatory, client, supply chain and insurance due diligence. Model. The article presents the main elements of the due diligence methodology that help reduce the risks associated with the transaction, through which it becomes possible to avoid potential legal, financial and operational problems. Conclusions. The issues explored in the article are important because they are a detailed study of the due diligence audit methodology in the context of the company's functioning processes. The measures proposed in the article will improve the procedure for conducting a due diligence audit and systematize the specific issues of conducting an audit by types of investment objects. Practical value. The practical significance of the article lies in the fact that the findings and the proposed aspects of the due diligence audit methodology in the context of the company's functioning processes are the basis for foreseeing various risk factors before the transaction, understanding the size and optimality of investments, and finding the best options for the company's further actions in economic relations between organizations. Originality. The audit area under study has not been fully explored and presented for practical application, but it is the due diligence audit that makes it possible to fully assess investment objects, namely: investment risks, the company's comprehensive activities, financial condition and market position.

Economic Problems and Legal Practice. 2023;19(3):225-229
pages 225-229 views

Strategic and Operational Audit: Concept and Process

Karabasheva M.R.

Abstract

A task. We consider such types of audits as strategic and operational, provide distinctive features of these concepts and classifications of audits. An analysis of the conceptual apparatus of audit types and the most important tools for improving the efficiency of business processes in companies was carried out. The objectives of creating a unified system for identifying key terms used in strategic and operational audits have been set and solved. Methods. The methodological basis of the study is a systematic and process approach to the problem under study. During the study, general scientific methods of logical analysis and synthesis, in particular analogies and generalizations, were used. Based on the study of extensive empirical material, the features of the conceptual apparatus of audit types were investigated. Conclusions. Strategic and operational audits are two of the most important tools for improving the efficiency of business processes in companies. Moreover, for the successful implementation of each of them, a deep understanding of the corresponding conceptual apparatus is necessary. Practical significance. The article will present a study of the conceptual apparatus of strategic and operational audit, the purpose of which is to develop a unified system of definitions of basic terms. Concepts such as company goals, development strategy, business process, change management and other important elements for successful work with strategic and operational audit methods will be considered. The results of this work can be useful both for professional auditors and for company managers who want to improve the efficiency of their activities. Originality. The study conducted by the authors revealed the need to form a unified system for determining key terms used in strategic and operational audits.

Economic Problems and Legal Practice. 2023;19(3):230-235
pages 230-235 views

Mechanisms and Countermeasures for Structural Changes in Global Value Chains Affecting China's Economic Security

Zhang Y.

Abstract

The purpose of the study is to analyze structural changes in the global value chains of the People's Republic of China and develop mechanisms and countermeasures aimed at increasing the level of China's economic security in the face of the sanctions impact on the Russian economy. The article reveals the essence of the concepts of «value chains», «economic security», «economic mechanism» and «countermeasures», identifies the factors of structural transformation of China's value chains that impede the stability of functioning and reduce the competitiveness of Chinese enterprises in the context of the sanctions impact on the Russian Federation. An analysis was made of changes in the foreign trade activities of the People's Republic of China and the Russian Federation associated with the transformation of resource-intensive production and direct supply and marketing channels. The mechanisms and countermeasures designed to stabilize structural changes in China's global value chains and developed taking into account modern trends in the development of world economic relations based on the accumulated experience and strategies of other countries with transitive economies, which will contribute to the strategic development of the PRC economy and strengthen the economic security of the state, are presented. by ensuring the maximization of their own benefit in the integration processes associated with international production and international trade.

Economic Problems and Legal Practice. 2023;19(3):236-241
pages 236-241 views

Finance

Trends in the Development of Non-financial Reporting

Zakharova S.R., Safonova I.V., Moroz V.V.

Abstract

This article examines the role and importance of non-financial reporting as a growing trend that serves as a basis for improving and developing socially responsible activities of economic entities. Non-financial reporting has become one of the main sources from which both external and internal users can learn detailed information about the activities of a particular entity. The non-financial reporting trend is expected to continue and grow as corporate stakeholders demand more information concerning environmental, social, and governance impacts. Dilemma for the business is no longer whether having a non-financial report or not, it is rather why, how and which kind of report should companies choose to meet stakeholders needs and comply with the regulatory framework.

Economic Problems and Legal Practice. 2023;19(3):242-249
pages 242-249 views

Inheritance Tax in South Korea, Greece, Japan, France and the Need to Return It

Dolatova D.Z., Moroz V.V.

Abstract

The purpose of the study is to consider inheritance tax in South Korea, Greece, Japan, France, study the old tax in Russia and consider the feasibility of its return to Russia. Achieving this goal required solving several tasks: to form key concepts about inheritance tax, to analyze the dynamics of this tax revenue in the Republic of Korea, Greece, Japan and France, to justify the need for this tax in Russia. Research methodology. In this study, traditional research methods are used: system analysis, deduction, induction, situational analysis, analogy and dialectics.

Economic Problems and Legal Practice. 2023;19(3):250-257
pages 250-257 views

Management

Risks of the Formation of Public Spaces as Elements of Infrastructure and the Comfort of the Life of the Metropolis

Alekseev V.N., Bukhtiyarov V.A.

Abstract

The article continues from the standpoint of a systematic approach to the study of the investment climate (system) through its components (subsystems). This study examines the risks (the third component) of the formation of public spaces as elements of infrastructure (the fourth component) and the comfort of life (the fifth component) of the investment climate. A variant of interaction and soft management of social risks in a megalopolis with the help of a creative cultural and educational cluster is proposed.

Economic Problems and Legal Practice. 2023;19(3):258-266
pages 258-266 views

Intellectual Property Objects of Educational Organizations on Digital Platforms

Shaimieva E.S., Gumerova G.I.

Abstract

Digitalization of educational organizations, their interaction with digital platforms in the digital economy has led to the development of the number of intellectual property objects, their diversity, represented on digital (educational) platforms. Purpose: to update the research topic on the basis of a review of works; to diagnose intellectual property objects of educational organizations arising in the process of digitalization of educational activities, their interaction with digital platforms of federal publishing houses; to keep records of intellectual property objects of educational organizations in the Scientific Electronic Library. Methods: analysis, synthesis, classification, comparative analysis. Results of the work: the relevance of the study with the focus on the digitalization of educational organizations in terms of the formation of intellectual property objects is confirmed; five types of intellectual property objects are diagnosed, which are the result of the activities of the authors-employees of educational organizations with federal digital (educational) platforms, three of which are not taken into account in the Scientific Electronic Library. All five types of intellectual property objects have different technical conditions for use in the educational process, different composition of copyright holders. Practical significance: new types of intellectual property objects that have not been registered in the Scientific Electronic Library and have the potential for accounting can be used in the preparation of startups on the platform of the National Technology Initiative, specialists in the field of creative industries. Accounting of intellectual property objects in the process of digitalization of educational organizations is one of the target indicators of this process.

Economic Problems and Legal Practice. 2023;19(3):267-273
pages 267-273 views

The Modernization the TOPSIS Method to Assess the Sustainability of the Functioning of Industrial Enterprises in Modern Conditions

Baldin K.V., Aliev A.T., Perederyaev I.I.

Abstract

The need for the formation of mechanisms for the sustainable development of enterprises of the industrial complex of Russia can hardly be overestimated both from the standpoint of importance and relevance. The analysis of existing works on this problem has shown insufficient knowledge in the aspect of the choice and methods of assessing indicators of sustainable development at the level of an industrial enterprise. The unavoidable use of qualitative indicators makes the use of expert methods no alternative, leads to blurring (fuzziness) of the assessment of the integral indicator. Under these conditions, the role of mathematical methods and models that fully take into account the above-mentioned features of determining the sustainability of the development of an industrial enterprise increases.

Economic Problems and Legal Practice. 2023;19(3):274-280
pages 274-280 views

The Genesis of Social Capital Management in Russian Business

Balchat B.A., Gusov A.Z.

Abstract

The article presents the author's concept of periodization of the historical genesis of social capital management in Russian business. The concept and possibilities of managing the social capital of an organization are presented. A periodization of the formation of social management practices and social capital management is proposed, consisting of five stages, starting from the Soviet period and up to the present. It is substantiated that the effective management of the organization's social capital forms a win-win strategy for a wide range of participants in social and labour relations. It is stated that there was a complex and contradictory genesis of social management of Russian organizations in general and in relation to areas of intersection with aspects of the formation and management of social capital. The main trends are identified (the evolutionary trend towards the professionalization of social management of companies (corporations) in Russia since the mid-2000s, the gradual transition of the corporate sector to targeted social management based on ESG factors, the digitalization of organizational management), allowing us to count on further professionalization of social capital management Russian companies (corporations).

Economic Problems and Legal Practice. 2023;19(3):281-287
pages 281-287 views

Systematization of Approaches to the Development and Regulation of Financial Technologies

Razletovskaia V.V.

Abstract

The relevance of the study is due to the search for priorities for the development of financial technologies and clarification of the main directions of their regulatory regulation. The article discusses approaches to regulating the development of financial technologies as a financial service, using innovations, as financial innovation and engineering, or as a convergent management category, and the corresponding range of priority areas of development regulation. Based on the evolutionary approach, it is proved that, depending on the influence of scientific and technological progress and local civilizational factors, these approaches have been used and are being used at the same time, unevenly and inconsistently by different countries. According to the author, taking into account the evolutionary genetic characteristics of fintech, considering its essence from the point of view of managerial content, as a way and technology of organizing relations for the redistribution of resources by innovative methods and technologies will theoretically make sense of the processes of their development as a consistent and orderly development of events. This will create the basis for the methodology of state regulation of the processes of their development, the development of recommendations for the state approach to assessing the situation to justify adequate regulatory measures, including regulatory. Regulatory regulation of not only services with innovative tools, but above all convergent technology-management content, will require clarification of the participants in the relationship, coordination processes, development directions, relevant development coordination structures. Recommendations for the development of the Russian fintech segment are presented.

Economic Problems and Legal Practice. 2023;19(3):288-294
pages 288-294 views

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