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Volume 16, Nº 5 (2020)

Articles

Principles of cost-based assessment of investment attractiveness of companies

Tazikhina T., Andrianova J., Popov N.

Resumo

Purpose of research. This article is devoted to substantiating the principles of a cost-based approach to assessing investment attractiveness. To achieve this goal, the concept of investment attractiveness is defined in the context of the economic interests of modern investors. The article reveals the essence of a comprehensive approach to assessing the investment attractiveness of a company based on determining the value of business, intangible assets and intellectual property. Conclusions. As a result of the research, the following principles of an integrated approach to assessing investment attractiveness were substantiated: the principle of versatility and dynamism of investment attractiveness; the principle of interconnectedness of investment attractiveness with the investment goals of investment entities and cost-oriented indicators; the principle of increasing the importance of IA, OIS for the development of modern companies and increasing their investment attractiveness, especially in high-tech sectors of the economy the principle of taking into account socio-economic parameters and risks caused by the dependence of the competitiveness of a modern company on the implementation of the concept of socially responsible business.
Economic Problems and Legal Practice. 2020;16(5):18-23
pages 18-23 views

Current issues of the digital economy development in Russia

Arsakaev I.

Resumo

Modern processes of digitalization and informatization of various spheres of life are actively taking place in many states, and the Russian Federation in this case is of no exception. The increased importance of information resources and the active use of new technologies are especially clearly expressed in certain areas, one of which is economic relations. Modern challenges and threats arising from the globalization of the world economy create the need to transform the domestic economy in the context of digitalization of both production processes and other stages of interaction between subjects of economic relations, including on an international scale. The formation of the digital economy in Russia has made it possible to significantly increase the level of competitiveness of a number of economic sectors, however, economic relations in the modern world are characterized by rapid dynamic processes, in connection with which it is necessary to further develop economic activities based on the active use of digital technologies. The development of e-business and e-commerce is of particular relevance in the context of the current economic crisis associated with the pandemic of the new coronavirus infection COVID-19. The purpose of writing a research paper is to analyze the current state of the digital economy in Russia, identify existing problems in this area and identify promising areas for further digitalization of economic relations. The author comes to the conclusion that the digitalization of economic systems is directly related to the challenges and threats of the modern world and is an objective process that requires certain resources. Attention is focused on the need to solve the problems identified in the research work in order to significantly increase the economic potential of the Russian state.
Economic Problems and Legal Practice. 2020;16(5):24-27
pages 24-27 views

Oil product market trends and forecasts

Pankov D., Afanasiev V.

Resumo

The purpose of the research. The relevance of the article is due to the decline in the consumption of petroleum products in the world and in Russia in particular, as well as changes in the structure of demand for petroleum products. The crisis related to the COVID-19 factor had a significant impact on the oil and petroleum products market. Consequently, this article is aimed at identifying the prospects for the development of the oil product market. Results. The leading approach to the study of this problem is the analysis of current indicators of the oil product market, which allows a comprehensive review of current market trends and prospects for its development. Based on the analysis, it can be concluded that in 2020, the volume of primary processing is expected to decrease, which will not suffer as much as the production of crude oil. However, all markets are expected to recover in 2021. It should be noted that the production of products aimed at the domestic market (automobile gasoline and diesel fuel) has increased in recent years. Fuel oil and gas oil production, which is export-oriented, decreased compared to 2014. Exports of petroleum products such as motor gasoline, diesel fuel, bitumen, and vacuum gas oil have not changed significantly over the past few years, while exports of fuel oil have declined significantly. The reduction in production and export of fuel oil is associated with a drop in the attractiveness of fuel oil exports as a result of an increase in export duties. In the future, diesel fuel production and exports are projected to increase, while fuel oil production and exports will continue to decline. The article has a practical value for companies working in the oil refining industry, public and private investors.
Economic Problems and Legal Practice. 2020;16(5):28-34
pages 28-34 views

Assessment of the competencies of human capital in demand in high-tech and knowledge-intensive sectors of the economy

Gruzina Y., Melnichuk M.

Resumo

The fourth industrial revolution, which the world economy has approached to, means the coming automation of almost all production processes and the creation of a single national digital ecosystem. The whole world is witnessing how rapidly each sector of the economy continues to develop both at the global and regional levels: new technologies are being developed, fundamentally new equipment is being created, new ways of carrying out financial transactions are being introduced, fundamentally new services are emerging, the quality and level of complexity of which constantly growing - all this becomes possible with an increasing trend in the value and efficiency of human capital. As a result, the vector of human capital management is shifting towards creating motivational incentives for the effective participation of employees in the production processes of the organization. Developing and managing people in accordance with their key areas of responsibility makes them not only an irreplaceable resource in the future, but also ensures their contribution to the organization. The authors set the task of developing a human capital competencies model for the most demanded sectors of the economy. As a result of the study, an aggregated model was proposed and visualized that takes into account key competencies, which reflect knowledge, skills and abilities for the corresponding skill levels.
Economic Problems and Legal Practice. 2020;16(5):35-41
pages 35-41 views

Risks of foreign trade participants in the field of calculation and administration of customs payments

Kostin A.

Resumo

Purpose of research. The article deals with the problems of forming a business environment in foreign trade, taking into account the construction of a risk-based compliance management model by controlling state bodies. The purpose of the study is to establish and identify the features of identifying risks of participants in foreign economic activity and the state in the calculation and administration of customs payments, respectively. This is necessary not only for the administration of customs duties and taxes, but also for determining the main directions for the development of foreign trade activities of the Russian Federation. Conclusions. As a result of the research, the author comes to the conclusion that risk management occupies a special place in the system of managing the compliance of foreign trade activities with the criteria established by state regulatory (customs, tax) authorities. However, in addition to managing tax and customs risks, which according to current legislation are recognized as violations of the rules established by law, it is necessary to change the system for evaluating the effectiveness and efficiency of the Supervisory authorities themselves. Currently, the relationship between the risk management system and the violations of customs and other legislation themselves is mostly reduced to the implementation of the customs authorities ' fiscal task. According to the majority of importers, the application of the risk management system has a single goal - to increase the costs of participants in foreign economic activity associated with cross-border movement of goods. On the part of participants in foreign economic activity, it is necessary to restructure the strategy of interaction with regulatory authorities. In these circumstances, the key areas of such interaction are the development of the Institute of authorized economic operators, its sub-Institute of authorized exporters, as well as the creation of a self-regulating organization in the field of foreign trade that represents the interests of not only Russian exporters, but also importers.
Economic Problems and Legal Practice. 2020;16(5):42-52
pages 42-52 views

Spatial Development Strategy of Russia: Assessment of Implementation Prospects

Aliev A., Surtaeva O., Savelyev A.

Resumo

The purpose of the article is to provide a comprehensive theoretical analysis of the implementation of the Spatial Development Strategy of the Russian Federation for the period up to 2025 (hereinafter referred to as the Strategy), on the basis of which it is envisaged to compare such concepts as «federal district», «macroregion» and «aspect of regional studies - zoning», since in theoretical terms, the overlap and confusion of the boundaries of the application of these concepts is seen. This approach is dictated by the need to identify the balanced development of the regions of the Russian Federation and the observed transformation of the spatial organization of the economy and social sphere. Questions remain: will the implementation of the Strategy entail an increase in the number of officials, increased bureaucratization and an increase in additional ineffective budget spending in the country, which is, therefore, extremely high. The article also examines practical issues related to assessing the feasibility of implementing the results of the Strategy contained in such innovations as the formation of agglomerations, the identification of promising industries for each region for future economic specialization and the creation of macroregions. They touch upon a number of problems of a legal, financial, managerial nature and coordination support of this government document, which await their solution in the future. In the course of the study, the conclusions were obtained that the Strategy is a strategic planning document. It provides for large-scale reform and innovative development of the production sector, social economy, management, environmental and a number of other equally significant tasks of the country's territorial modernization.
Economic Problems and Legal Practice. 2020;16(5):53-57
pages 53-57 views

Improving the competitiveness of housing and communal services

Ulakov S., Batkeeva D.

Resumo

The article proposes the organizational - economic mechanism to improve the quality of housing and communal services, based on the detection of imbalances between consumer expectations and the quality of services provided at various points in the service structure and comprising: a model of integration processes of the quality management strategic management of the organization; a set of rules of housing and communal services and occupational standards for personnel management organizations; system of attracting staff to the enterprises of housing and communal services and labor remuneration model management companies; information support system, monitoring and evaluation of quality of services for housing and communal services.
Economic Problems and Legal Practice. 2020;16(5):58-61
pages 58-61 views

Methodological approach to assessing economic risks, taking into account the risk tolerance of enterprises-the rocket and space industry

Zubova L., Kuzmin V., Sherstyuk A.

Resumo

In modern conditions of functioning of the enterprises of the military-industrial complex, including rocket and space companies of Russia, more and more often face problems of functional interaction both between organizations of co-executors of research and development works (hereinafter R & d), and between divisions within the enterprise itself. The feasibility of structuring goals, tasks and methods of evaluation of the results of economic risk R & d due to urgent need of uncertainty usually related to the solution of technological, economic, environmental, social, and military issues in a complex organizational-technical systems. Therefore, the purpose of this study is to develop a methodological approach to assessing economic risks, taking into account the risk tolerance of enterprises-the rocket and space industry. The article develops a methodological approach to assessing economic risks, taking into account the risk tolerance of enterprises-the rocket and space industry. The boundaries of the life cycle of the management of research and development (hereinafter R & d) for the development of rocket and space technology are expanded. it is proposed to consider the process of R & d management not from the moment of its implementation, but from the moment of its feasibility study, which can help reduce the likelihood of various risks. We offer a project-process approach to the study and management of R & d processes that reduce production costs, shorten production stages and WIP; a scheme for the implementation of project-process approach of the feasibility study and project management, organizational control mechanism, described an example of a system development feasibility studies, management planning and consideration of risks and their consequences in the production of rocket and space technology. The result obtained in this study will allow us to develop a balanced system of indicators for assessing and monitoring risks to the standard scheme for managing technological support for the development and production of space technology products (hereinafter CCI) at the level of interaction between organizations that develop and organizations that manufacture the product.
Economic Problems and Legal Practice. 2020;16(5):62-67
pages 62-67 views

Method of formation of the total cost of the state defense order process taking into account risks

Zubova L., Nagovitsyna A., Kuzmenko G.

Resumo

Risks in terms of delivery of electronic components are an unavoidable reality and an immanent feature of economic activity, but there is still no clear understanding of the economic essence of this category. The reason for this is the complex nature of risk, as a result of which there are different definitions of the concept under study. In many cases, the nature of the risk is not directly determined, but indirectly, for example, through its consequences (loss, threat, damage, etc. e.) or probability, which is the degree to which a particular event is likely to occur under specific conditions, rather than the actual risk. Based on review of the content and forms of expression of this concept we have chosen a point of view that from a scientific perspective, the risk is possible or a forced decision (action or inaction) taken by the subject in conditions of uncertainty of consequences. Risk is always subjective, only the subject is at risk, being faced with the need to choose whether to take risks or not. Economic risk as a decision made under conditions of uncertain consequences has a positive or negative outcome that affects the results of production activities and supply processes. To evaluate these results, we set a goal: to develop our own approach, which consists, on the one hand, in considering the actual risk and its consequences as a whole, and on the other - in clearly separating them. This approach should reflect the concept of the total cost of economic risk in the process of delivery of the electronic component base, which is the total cost of the entity directly or indirectly related to economic risk and its consequences and includes components. This article is the first to develop a methodological approach for determining the total cost of economic risk in the process of ECB delivery. An approach to segmentation of ECB supply processes to risk-free and risk-free conditions is proposed. A classification of the total cost of the ECB delivery process has been developed (Sproc.ECB) for risk-free and risk-free conditions of the state budget.
Economic Problems and Legal Practice. 2020;16(5):68-72
pages 68-72 views

«The value of stumpage» within the context of ensuring economic security and competitiveness of forest industry

Bulgakova M.

Resumo

The article contains an analysis of theoretical and practical approaches to assessing the value of the forest on the vine, as limited, but renewable resource that allows you to extract a significant income and meet the diverse needs of society. The use of a critical analysis in the research process allowed the author to present a comparative characteristic of the methods of forming the cost of forest resources intended for harvesting with a detailed description of the calculation methods; and also to establish possible reasons for the emergence of a conflict of interest between the state, as the owner of forest plots, and tenants. V. Pareto’ s appeal to the optimum made it possible to reveal the regularity of the effect of «deferred damage» in the Russian forest industry, that is, the impossibility of future generations to meet their own needs for wood products. The approximate calculation of income from logging 1000 m3 of wood, confirming the existence of an economic resource for the formation of the process of competitiveness of the forest industry. The definition of the forest on the root. The author present the genesis of calculating the cost of standing timber, as the most important aspect of the forest economy, which is the starting point for determining the cost of products for end users. The factors that have a negative impact on the state of economic security of the forestry industry have been identified. In the conclusion, it is proposed to transform the mechanism for forming the cost of standing timber, taking into account various indicators, including market value, consumer demand, transport accessibility and quality of wood, which, according to the author, will allow not only comprehensive mechanization of the industry, also contribute to increasing productivity equipment and the development of the competitiveness of the industry.
Economic Problems and Legal Practice. 2020;16(5):73-78
pages 73-78 views

Genesis and current trends in determining the essence of the scientific category «economic security»

Bulgakova M.

Resumo

Economic security is a condition for a balanced and stable State. The transformation of the social, political and economic state of Russia, together with changes in market conditions on a global scale, indicate the need to consider theoretical approaches to determining economic security as one of the relevant issues that form the basis for the protection and preservation of national interests. The proliferation of new technologies, including those related to the digitalization of society, makes it necessary not only to follow modern trends, but also, based on studies of past years, to develop the ability of the state to respond in a timely and adequate manner to the destabilizing effect of various facts. The article presents the genesis of targeted guidelines for economic security and the evolution of approaches to the definition of the term «economic security» in Russia, which made it possible to identify the first preventive attempts to reduce the likelihood of negative consequences and localization of threats to national security, both in Russia and abroad. The author analyzed modern domestic trends and scientific views in foreign countries on economic security issues, as well as a brief comparative description of approaches to determining national security in the Russian Federation and the United States of America. The article contains a wide range of approaches to the definition of the term «security», as well as a retrospective of the scientific worldview and reflection on the essence of security as an economic category. Imperfections were identified in the «traditional» approaches, as well as in the modern European and American paradigms of economic security. The author's definition is proposed in the conclusion of the article.
Economic Problems and Legal Practice. 2020;16(5):79-86
pages 79-86 views

Implementation of a risk-oriented approach as a direction for improving corporate control in a joint stock company

Arsakaev I.

Resumo

Today, the activities of joint stock companies are inconceivable without effective corporate control, the mechanisms and tools of which allow achieving the goals set for the company and solving the tasks assigned to it, since joint stock companies must meet the requirements of a modern market economy, clearly understand and assess their own position and their role in the economic life of the country, as well as assess all kinds of risks. The author examines the corporate control system using the example of one of the largest companies in the oil and gas sector - PJSC «LUKOIL». The special organizational and legal form of a public joint stock company, the specifics of internal and external corporate control in such companies predetermined the choice of PJSC «LUKOIL» as the object of research, since this corporation is characterized by stricter state regulation, and the relationship between subjects and objects of corporate control in public joint stock companies are associated with a number of problems, the solution of which makes it possible to increase the effectiveness of control measures. The article notes that the basis of corporate control is the identification of all kinds of risks, from strategic to operational, which can be effectively reduced by introducing a risk-oriented approach to the internal control system into the practice of joint stock companies, as well as improving the corporate risk management system. In this regard, the author comes to the conclusion that the management bodies of a joint-stock company should reasonably approach the choice of a method of responding to each specific risk, taking into account the fact that even the most advanced risk management system cannot guarantee the achievement of the company's goals. Thus, the main goal of developing and improving the risk management system is to minimize risks.
Economic Problems and Legal Practice. 2020;16(5):87-90
pages 87-90 views

Improving institutions for counteraction to legalization of criminal profits in the system of economic security

Arsakaev I.

Resumo

Economic security is currently focused not only on the interests and needs of the Russian society and the state, but also acts as an essential element of the national security system as a whole. Despite the readiness of the Russian system of economic security for the dynamic processes of modern development of the world community, in the conditions of the ongoing globalization processes, new challenges and threats to the economic stability of the state arise. Among these, it is necessary to single out the growth of economic crimes in general and the spread of individual illegal acts causing significant economic damage, in particular - the legalization of illegally obtained income. The above mentioned crime is currently characterized by a cross-border nature of the commission, which significantly complicates the process of combating this illegal behavior. It is a mistake to believe that the counteraction to legalization of criminal profits is carried out only within the framework of law enforcement. Currently, the activities of individual financial institutions, which have broad powers in the field of control and supervision of the movement of funds both within the territory of the Russian Federation and abroad, are of particular importance for the effective fight against this criminal phenomenon. The purpose of writing a research paper is to analyze the activities of institutions of counteraction to legalization of criminal profits in the system of economic security, identify existing problems and determine ways to solve them. The author comes to the conclusion that counteraction to legalization of criminal profits is an important area of ensuring economic security. Attention is focused on the need to improve the activities of individual financial institutions within the framework of the Russian national system for counteraction to legalization of criminal profits, and certain aspects of the implementation of international standards in this area.
Economic Problems and Legal Practice. 2020;16(5):91-95
pages 91-95 views

Principles and Strategy as Tools for Sustainable Development of the National Payment System

Ulanova E., Popkov S.

Resumo

The national payment system of Russia is the most important element of the financial system and a necessary component of the economy. First of all, it regulate the distribution function of the financial system and is the circulatory system of the economy, offers economic elements to realize their interests, and provide the circulation of the national currency. The authors analyzed approaches to sustainable development, principles of development of payment systems of the Bank for international settlements and make conclusions about the need of develop Russian principles and strategies for sustainable development of NPS, which should become an effective tool for the development of NPS in the digital economy. According to the authors, the lack of a strategy and plan for the development of the NPS results to a decrease in the efficiency of the national currency turnover, which, in turn, negatively affects the entire economy of the country. The term «sustainable development» fully represent the requirements for effective development of NPS, makes you wonder not only about the promising horizons for NPS, but also to assess the optimality of the system with user requirements, the quantity and quality of its members, areas of development.
Economic Problems and Legal Practice. 2020;16(5):96-100
pages 96-100 views

Clustering of regional economy: tax aspect

Smirnova E.

Resumo

Article considers application of clusters as the effective instrument of social and economic development of regions, taking into account application of tax preferences - reduction of a tax rate, granting tax benefits, namely: an exception of subject to taxation, of tax base at observance of certain conditions, use of the raising depreciation coefficients). Examples are tax preferences on: to income tax of the organizations (the raising depreciation coefficients), the VAT (release from research and development realization taxation), the property tax of the organizations (an exception of objects with high energy efficiency), to a transport tax (application of the lowered rates for the owners applying in definite purposes), to land tax (an exception of subject to taxation of the land plots used for definite purposes), insurance premiums (the lowered tariffs for the IT companies). An assessment of the offered tax benefits for support of the organizations entering a cluster and also indicators which can be used for assessment of efficiency of their activity is given (the advancing growth of consolidated revenues of the organizations of a cluster in comparison with growth of VRP of the territorial subject of the Russian Federation in which it is located; specific weight of size of the tax benefits provided to the organizations entering a cluster in the size of the additional tax payments which arrived from the above-stated taxpayers within the next three years; growth of investments into the organizations which are a part of a cluster in five years from the moment of creation; specific weight of expenses on research and development in five years from the moment of creation; the size of revenue of the organizations entering a cluster, for one ruble of the provided tax benefits; growth of a share of government procurement since the beginning of production by the organizations which are a part of a cluster; growth of consolidated revenues of the organizations of a cluster rather on various territorial subjects of the Russian Federation). Research writing purposes: to define tax aspects of a clustering of regional economy and to allocate the indicators estimating efficiency of tax regulation. The conclusions received during the research: the consequences of application of clusters as the effective instrument of social and economic development of regions, taking into account use of tax preferences are assessed
Economic Problems and Legal Practice. 2020;16(5):101-104
pages 101-104 views

Improvement of mechanisms for ensuring economic security of the social insurance system of the Russian Federation

Eltsin A.

Resumo

The purpose in this paper, research is the need to improve mechanisms of formation of the SIF budget to ensure the financial sustainability of the social insurance system and reduce the burden on the budget of the Russian Federation (hereinafter - RF). To achieve this goal, the author conducted research on the mechanisms for ensuring the financial stability of the social insurance system in the context of the impact of global financial crises on the Russian economy. Much attention is paid to the economic security of the social insurance system of the Russian Federation. The main reasons for the budget deficit of the social insurance Fund of the Russian Federation (hereinafter referred to as the FSS) are identified. A set of measures aimed at reducing the level of imbalance in the FSS budget is proposed. Mechanisms for improving the work of the FSS, the introduction of which will increase its financial stability, are identified.
Economic Problems and Legal Practice. 2020;16(5):105-109
pages 105-109 views

Topical issues of implementation of exit tax audits

Smirnova E., Popova O.

Resumo

Research writing purposes: to define the main questions of implementation of exit tax audits as important form of tax control and to allocate possibilities of increase in efficiency. The conclusions received during the research: the directions of increase in efficiency of exit tax audits are allocated. Exit tax audits are an effective form of tax control, however their quantity sharply decreases in view of high costs of carrying out. In it communication an important condition of their implementation is improvement of quality of the pretest analysis and the appointed tax control measures which taking into account practical activities of tax authorities allow to increase efficiency of conducting tax audits. The analysis of judicial practice allowing to estimate expediency of such actions as reclamation of documents, interrogation of the witness, conducting examination is made. The order of formation of the approximate sum of additional accruals on income tax of the organizations on the basis of calculation of indicators of accounting and tax reports is shown.
Economic Problems and Legal Practice. 2020;16(5):110-115
pages 110-115 views

Development of algorithm for financing public-private partnership in execution of state defense order

Vetrova I.

Resumo

The purpose of the research. In conditions of budget shortages, when fulfilling the state defense order, it is necessary to search for possible forms of attracting financial resources by enterprises of the military-industrial complex. The article considers the prospects of using the public-private partnership mechanism in the implementation of the state defense order based on the analysis of Russian and foreign practices of its use in various areas of economic activity, legislative and regulatory support in Russia. The purpose of the research is to develop an algorithm for financing public-private partnerships when executing a state defense order based on the study of the best foreign and Russian practices. Conclusions. As a result of the conducted study of the Russian and foreign experience in the implementation of projects in the form of public-private partnership, the author identifies and justifies possible directions for the implementation of the public-private partnership mechanism in the field of state defense order, taking into account the existing restrictions in the legal field of the Russian Federation and the peculiarities of financing the production of military and dual-use products, as well as requirements for its quality. Arguments are made in favor of using the agreement on public-private partnership in the framework of Federal Law No. 224 - Federal Law «On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation» Mandatory requirements are defined for the «private» partner of the specified agreement when fulfilling the state defense order. It proposes an algorithm for financing public-private partnerships in the field of state defense order focused on the prospect of creating innovative enterprises of the military-industrial complex, the main vector of whose activities should be aimed at producing new and promising types of weapons, military equipment, military complexes that allow Russia to ensure military parity in the long term. Additions are recommended to the indicative list of risks contained in the «Recommendations for the implementation of public-private partnership projects. Best practices. «, Developed by the Ministry of Economic Development of the Russian Federation, taking into account the specifics of the activities of the military-industrial complex and the implementation of the state defense order. These additional risks are proposed to be taken into account when implementing the financing mechanism under the agreement of public-private partnership projects.
Economic Problems and Legal Practice. 2020;16(5):116-127
pages 116-127 views

Risk-based management accounting in insurance companies in terms of internal control

Turgaeva A., Losenkov O.

Resumo

Task. The article is devoted to the issues of risk-oriented internal control, as well as risk-oriented management accounting in an insurance company. The formation of a business process in the context of control points of the occurrence of risks, and the assessment of these risks is a subject for practical application in insurance, which was the reason for researching this area. Model. Determine the focus of business processes, resources, points of entry and exit of the business process in order to identify risks. Apply techniques and elements of risk-based management accounting and internal control in an insurance company using one of the types of business process as an example. Combine these risk management systems into a single mechanism. Conclusions. By applying and combining into a single mechanism the techniques, principles, elements of risk-oriented internal control, as well as risk-oriented management accounting in an insurance company, while defining control points for the occurrence of risks in business processes, it is possible to identify real risks in the insurance business in a timely manner eliminating or mitigating their impact on the financial results of insurance companies. Practical importance. Studies have shown that the formation of a mechanism for business processes in an insurance company, while relying on the main elements of internal control and management accounting, while using the techniques of risk-based accounting, will allow an organization to competently manage its risks, identify real risks when controlling any business process, focus on control points, inputs and outputs in the business process, resources, make timely management decisions to level threats in the insurance business. Originality. A mechanism for the formation of business processes is presented, which includes elements and techniques of risk-oriented accounting, as well as internal control. The assessment of risks in the insurance company on the business process «Conclusion of contracts and underwriting in the insurance of property of legal entities». Described by drivers of risk assessment, the main drivers of loss.
Economic Problems and Legal Practice. 2020;16(5):128-134
pages 128-134 views

Reflection of principles of sustainable development in reports of companies in automotive industry

Chestnova K.

Resumo

Task. The author describes the principles of reporting according to the GRI global reporting initiative, and examines their reflection in reports on the sustainable development of automotive companies. Examples of disclosure of the principles of sustainable development in order to identify General patterns of sustainability in the automotive industry are given. Model. The analysis carried out by the authors was carried out taking into account the specifics of the activities of companies in the automotive industry. In this regard, the material aspects of sustainable development specific to the automotive industry, sustainability indicators, and ways of interaction between an economic entity and interested parties were revealed. Summary. According to the author, it was important to study and analyze the existing experience in providing reports in the field of sustainable development on the example of reports of companies in the automotive industry. This allowed us to identify General trends and patterns of reporting in the field of sustainable development in companies in this industry. This analysis can help other companies in this industry to provide more complete, balanced and reliable information about sustainable development to stakeholders in practice. Practical importance. The necessity of choosing the right approach in terms of principles in order to implement the sustainability strategy is justified. Specific practical recommendations are given regarding the content, structure, and completeness of information in sustainable development reports. The influence of the principles of information disclosure on the system of information and analytical support is justified. Originality. Practical recommendations regarding disclosure and completeness of information on reporting principles are proposed, and the relationship between aspects of sustainable development, the strategy of an economic entity, and the requirements of key stakeholders is reflected.
Economic Problems and Legal Practice. 2020;16(5):135-141
pages 135-141 views

Classification and methodology of risk assessment in integrated structures

Vetrov A.

Resumo

The purpose of the research. The article discusses classification of risks and methods of their assessment in integrated structures. The aim of the study is to systematize approaches to risk classification and assessment methods for use in integrated structures. This is necessary for quality risk management. Conclusions. In result of the conducted research the author comes to the conclusion that the risks in integrated structures can be classified according to various criteria, namely the period of occurrence, the factor of appearance, force of impact, size of impact, the area of occurrence, area of occurrence, level of legality. In this article, the author examines in detail the classification of risks in integrated structures. In the study, the author came to the conclusion that for maximum prediction of occurrence with a view to adopting the necessary measures to prevent or minimize its impact, you want them to split, because each risk has its own unique admission control. The author concluded that after determining the location of the risk in their overall system, the effectiveness of the measures taken will increase. By classifying risks in integrated structures, you can determine where the risk is located in their overall system. With its help, opportunities are formed to effectively apply the appropriate methods, as well as techniques for risk management. Assessment of business risks in integrated structures is a stage of risk management that consists of their identification, description, analysis of their consequences, determining the level of probability of their occurrence, and identifying the level of risks for their ranking. You can minimize the risk by using several methods at the same time. To achieve the optimal ratio of the minimum level of risk with the required amount of financial costs, you can use different methods.
Economic Problems and Legal Practice. 2020;16(5):142-147
pages 142-147 views

Digitalization of the economy: world experience and transformation of personnel policy in the use of digital technologies in business

Bugubaeva R., Berezyuk V., Bespaeva R., Tursunbekov E., Nukesheva A.

Resumo

Task. The article deals with the problem of transformation of personnel policy in the context of the digitalization of the economy. The relevance of the topic is beyond doubt, as it is due to the fact that the modern economy is entering a new innovative stage of development, and a person with his potential, knowledge, creative thinking and experience is gaining more and more importance. Business digitalization actively affects the functionality of HR managers, since organizational tasks and processes are automated, and therefore more developed competencies in the field of digital technologies are required from personnel. In this regard, the main trends and issues of software development in international practice are investigated and conclusions are drawn about the need to apply foreign experience in the implementation of personnel policy in small, medium and large businesses in the Republic of Kazakhstan. Model. The article examines the theoretical modern trends in the transformation of the personnel policy of companies in the context of the use of digital technologies in business, which make it possible to create a favorable environment and develop support measures for talented youth. Summary. The HR department in companies today is no longer just a performer, but a kind of business partner who provides services for providing business with qualified personnel and their development. Therefore, in order to maintain the work of HR departments or departments, to minimize risks at all stages of selection, training and development of employees, to build effective interaction with personnel, new methods and technologies, including digital ones, are urgently needed. Practical importance. The practical significance of this article lies in the fact that the conclusions and proposals made are intended to explore new opportunities for doing business, develop new digital products, etc. Originality. The performed analysis of the main results of the process of introducing digitalization into all spheres of the international and national economy through the systematic constant development of the ICT sector indicates the direct applied significance of the problem under study.
Economic Problems and Legal Practice. 2020;16(5):148-157
pages 148-157 views

Features of the branch and complex codifications in law

Goncharova L.

Resumo

This article presents the author's view on the possibilities of codification in relation to basic and complex legal branches. The distinction between them lies in the criterion that underlies the unification of legal norms. The norms of the basic legal branches are united according to the principle of subject unity of regulated relations. This is what makes them capable of such an organization that will most closely meet the requirements of the systematic ordering of normative material. Complex legal branches (branches of legislation) are formed due to the functional unification of legal norms, that is, aimed at regulating a single sphere of life. Such normative formations to a much lesser extent contribute to the formation of normative generalizations used in the codification process.
Economic Problems and Legal Practice. 2020;16(5):158-161
pages 158-161 views

History of formation and development self-regulating organizations

Panin S.

Resumo

Purpose of work is to explore and substantiate historical place self-regulating organization as the institution of law, spending analyze of history their formation and development. When studying the issue about moment of beginning self regulating organizations, the author makes an attempt to separate self regulating organizations into historical stages (periods). It is noted, that for the many years of successful work of private non-governmental institutions in European countries, it should say about specific place of a self-regulating organizations, the origins of which can be found in the distant past. This organizations certainly have a special place in any state system. In the context of modern understanding and researching private, nongovernmental ways of regulation business relations, appears necessity to analyze historical way development institution of self-regulating organizations and define general stages of their formation and development. Each of this stages has its own specifics and also a special features, which characterized by historical attributes in one century or another. During the historical analysis periods of development institute self-regulating organization noted, that first premises of appearance self-regulating organizations finds not only in Europe states, but also can be detected in ancient Russian state., that confirms by the works of russian performers, such as M. N. Tikhomirov, I. E. Mikheeva, A. B. Starokorov etc. Reminds that self-regulation due to its origin and existence to the development of merchant and trade, which affected on ancient self-regulation. However, as it gets more complicated, trade and self-regulation have not lost contacts, and opposite, constitutes two correlating phenomenas, developing until now.
Economic Problems and Legal Practice. 2020;16(5):162-165
pages 162-165 views

Constitutional legal regulation of the procedure of appeal of citizens to the institution of government administration

Abazov A.

Resumo

The purpose of this study was to consider the constitutional right of citizens to appeal in the context of regulating the interaction of citizens and government bodies. The objectives of the study are to analyze the concept of «the right of citizens to appeal», where much attention is paid to the types of appeals, as well as to study the role of the institution of citizens' appeal within the framework of the public administration system. At the same time, the author defines public administration as a complex social process acting as a structure and system of interrelated elements determined by its nature, goals, objectives and functions. And for effective government, according to the author, it is necessary to maintain a balance between the needs and interests of society. Conclusions: in order to increase the efficiency of governance, the state should take care of improving effective mechanisms, the main of which is to take into account citizens' appeals in the process of exercising public power, aimed at improving the quality of the activities of state bodies. And, without any doubt, one of the constructive concepts that contribute to the establishment of a balance of private and public interests is the institution of citizens' appeal to public authorities. As a result of a deep analysis of the issues of correlation and opposition of public and private interests, the author comes to the conclusion that the institution of circulation as a way of taking into account public opinion and the positions of legal entities is a form of expression of both interests. This is dictated by the fact that the right of citizens to appeal to state bodies and local self-government bodies is of a private-public nature.
Economic Problems and Legal Practice. 2020;16(5):166-169
pages 166-169 views

Legal category «treatment of citizens» and mechanisms for implementing the procedure appeals of citizens of the Russian Federation

Abazov A.

Resumo

The purpose of this study was to consider the mechanism for the implementation of the constitutional right of citizens to apply to government bodies. The objectives of the research are to analyze the normative legal definition of the concept of «appeal», where they substantiated their proposal for this definition. Thus, citizens' appeals are individual and collective proposals, statements, complaints, petitions or petitions sent to state and local self-government bodies in oral or written form. At the same time, they determined the existence of two types of legal norms - material and procedural, which constitute the structure of most legal institutions, including the institution of citizens' appeal. Conclusions: the characteristic features of the institution of appeals allows us to speak not only about its material elements, but also makes it possible to single out a number of procedural components. So, in relation to state bodies, it can be noted that the procedures determine the stages, goals, sequence and time frame, specific actions at each stage, the grounds for the commission and the relationship of these actions, the ways of their registration and fixation. Hence, it becomes obvious that the procedure must have an internal procedural structure, a special procedural status of the participants, and must also be provided with evidence, types of procedural decisions and procedural sanctions. At the same time, one should understand the complex structure of the institution of citizens 'appeals to government bodies, which is provided by a system of material and procedural elements and constitutes the mechanism of functioning of the institute of citizens' appeals.
Economic Problems and Legal Practice. 2020;16(5):170-173
pages 170-173 views

Features of the network model of innovation activity in the robotics cluster in the context of intellectual property protection

Belikova K.

Resumo

This article is aimed at identifying and analyzing the features of the network model of innovation activity in the robotics cluster in the context of intellectual property protection on the example of a number of foreign countries and Russia. The starting point of the research is the currently observed creeping networking implicated as an introduction of non-market communication, which is beginning to replace purely exchange, monetary regulations in the economy, law and other spheres of society. The article analyzes approaches of foreign countries and Russia that create patterns of acceptability (acceptance, objective necessity) of the application of «open» innovations in the robotics cluster and some facets of the influence of this trend in the field of law based on analytical reflections on the information gathered from the sources and literature listed below. The relevance, theoretical and practical significance of such a research is due to the fact that both network «open» (innovative) and «closed» (traditional) methods of developing new scientific knowledge have their pros and cons, which can currently slow down or accelerate scientific progress and contribute to innovative growth. Experience of functioning of foreign institutes, research centers, etc. can be useful in finding answers to similar questions related to the development, justification and adoption of collaborations based on «open» innovations in our country. Such a research also serves to fill in the existing gap in the coverage of legal and other approaches of foreign countries in the field under study in the modern period. The author's results, among others, are presented in the idea that in a long- and even medium-term perspective there will be no need in patents both in the robotics cluster and other clusters (fields of activity, sub-sectors of the economy) due to a number of reasons that we have mentioned (the objective need for network collaborations, including «open» innovations, due to the inability to work and create alone, greater economic benefits that give collaborations and networks instead of other formats, etc.), which is indirectly confirmed today by the development of compatible blockchains.
Economic Problems and Legal Practice. 2020;16(5):174-181
pages 174-181 views

Specifics of the network model of innovation in pharmaceuticals in the context of intellectual property protection

Belikova K.

Resumo

This article is aimed at identifying and analyzing the specifics of the network model of innovation in the pharmaceutical industry in the context of intellectual property protection on the example of a number of foreign countries and Russia. The starting point of the research is the currently observed networking - the introduction of non-market communication, which is beginning to replace purely exchange, monetary regulators in the economy, law, and other spheres of society. The article examines the issue of acceptability (objective necessity) of applying (accepting) «open» innovations in the pharmaceutical industry and some facets of the influence of this trend in the field of law. Specific examples are used to discuss various forms of expression of the open innovation strategy practiced in the pharmaceutical industry and some of its prospects. At the same time, some aspects of the protection of intellectual property rights obtained during the implementation (realization) of the «open» innovation strategy in pharmaceutical sector are studied in the traditional and network (using blockchain technology) format. The relevance, theoretical and practical significance of such a research is due to the fact that both network «open» (innovative) and «closely-held» (traditional) methods of developing new scientific knowledge have their pros and cons, which can currently slow down or accelerate scientific progress and promote innovative growth. Foreign experience can be useful in finding answers to similar questions related to the development, justification and adoption of collaborations based on «open» innovations by our country, and the fact that this study serves to fill in the existing gap in the development of legal and other approaches of foreign countries in the field of modern research. The author's results, among other things, are presented in the fact that currently the protection of intellectual property from unauthorized use is still traditionally based on agreements, but can already be performed in a modern network way - using distributed ledger technology - blockchain, that reliability is due to hardware control over any changes in the protocols or information in the network, its copying, easiness of establishing and verifying its authorship, which increases the chances of successful development of the OI strategy.
Economic Problems and Legal Practice. 2020;16(5):182-190
pages 182-190 views

Judicial explanations of the Supreme people's Court of China, subject to the provisions of the new Civil code of China

Fokov A.

Resumo

The people's Republic of China has long been undergoing a consistent reform of civil law in General, and civil law in particular, Related to the codification of the norms, regulations and institutions of law governing social relations in a socialist society. During the transition period of civil law development, at one of its stages, the new Basic provisions of civil law of the people's Republic of China (2017) were adopted. It should be noted that this law includes such important General principles of regulating the institutions of individuals and legal entities, issues of representation and the passage of time, including the Statute of limitations, transactions and civil liability, and regulated certain types of civil relations, including: personal non - property, property, obligation, intellectual, inheritance and family rights). Finally, from 1 January 2021 shall enter into force the new provisions of the Civil code of the PRC, where the Main provisions of the PRC civil law 2017, will occupy a worthy place in the General part of the civil code of the PRC. The modern significance of the codification of civil legislation is very difficult to overestimate because many attempts to adopt the Civil code since 1949 have not been successful. A long way to study the theory and practice of unified and codified civil acts of foreign countries: France (French civil code of 1804), Germany (German civil code 1896) and the Russian Federation (1994, 2001 and 2006 with subsequent amendments and additions) has led to the final political decision - GK China to be finalized in 2020, and what happened. According to Chinese scientists, in 2011, the standing Committee of the national people's Congress announced the completion of the construction of a socialist legal system with Chinese characteristics, and the time has come to combine the regulation of civil relations in the norms of one law - the civil code of the people's Republic of China. The content of the article would be incomplete if we Russian scientists and practitioners did not have to comprehend the issues of law enforcement practice of the Supreme people's court of the people's Republic of China, which by its type of activity and authority provides judicial explanations in the development of civil law in practice. The purpose of this work is to show, mainly in the framework of contract law, what difficulties judicial practice may face if the Supreme people's court of the people's Republic of China does not provide appropriate explanations, for example, in the framework of the contract of sale and other institutions of contract law, which are especially popular in the land of the rising sun. Of course, the features of the judicial system of the people's Republic of China, as well as scientific articles by Russian and Chinese scientists that reveal the powers of the country's highest judicial body are extremely informative and you have to use the information posted on the official website of the Court, as well as study the texts of the Court's explanations, which are selectively published because there is no uniformity of interpretation of judicial acts. Today in China, in modern conditions, the state economy, and, of course, «socialist property» are inviolable» and the new civil code of the people's Republic of China (2021) gives the rule of law to citizens and legal entities. It is quite important to know and appreciate the scholars and practitioners of the countries of China and Russia, other States, and how judicial explanations of the Supreme people's Court of China will influence the interpretation of norms and institutions of the Civil code of China (2021) in the development of law enforcement practice, as in their native Homeland and foreign countries where the volume of mutual trade is increasing in various fields.
Economic Problems and Legal Practice. 2020;16(5):191-196
pages 191-196 views

The advantages of «online dispute resolution» and regulations in Russia

Fan J.

Resumo

«Online dispute resolution» (ODR) has improved access to justice in the digital world. Online dispute resolution users benefit from faster and cheaper dispute resolution mechanisms compared to traditional litigation and «Alternative dispute resolution» (ADR). Online dispute resolution includes «Alternative dispute resolution» mechanisms that are facilitated through the use of modern Information and Communication Technology (ICT) equipment. «Alternative dispute resolution» mechanisms are known for their flexibilities and ability to take different forms depending on the nature of the dispute. Thus, «alternative dispute resolution» methods can be adapted to establish flexible «online dispute resolution» platforms for e-commerce consumer dispute resolution and «online dispute resolution» provider is an online platform that possesses the ability to deliver any «alternative dispute resolution» procedure in real-time. In Russia, online dispute resolution is somewhat limited in judicial and arbitration systems, and there is plenty of room for development. Russia's own e-commerce platform still lacks a rich legal practice. The paper attempts to analyze the advantages of the «online dispute resolution» system and research the shortcomings of «online dispute resolution» development in the Russian Federation.
Economic Problems and Legal Practice. 2020;16(5):197-200
pages 197-200 views

On the issue of the procedure for concluding a lease agreement for a land plot

Shaydullina V.

Resumo

Task. The purpose of the study is to study the features of the legal regulation of concluding lease agreements for a land plot based on the results of an auction (tendering). Model. This article discusses the procedure for concluding a land lease agreement. We also reviewed the features of exchange and return of goods of good quality purchased remotely. The legislative process for the regulation of the land share lease agreement is analyzed. The legal positions of the courts on the issue are briefly considered. Conclusion. During the study, certain features inherent in the lease agreement for a land plot concluded because of the auction (auction) were revealed. The land lease agreement is assigned an important role in the development and improvement of property and land relations. This agreement contributes to the formation of a legal link between the participants and objects of property turnover, and acts as a legal means to ensure the protection of land plots in state and municipal ownership. The lease agreement is concluded in writing, and the procedure for concluding the agreement and the preceding procedures depend on the purpose for which a specific agreement is concluded.
Economic Problems and Legal Practice. 2020;16(5):201-206
pages 201-206 views

Legal regulation of personal data processing in Russia

Mashekuasheva M., Gelyakhova L.

Resumo

The article analyses the procedures of legal regulation of the procedure of processing, storage and transfer of personal data. The authors analyze the effectiveness of legal mechanisms related to the processing and storage of personal data. The current labor legislation is aimed at ensuring the personal data security regardless of the employer's form of ownership and its structural organization. The authors consider the dynamics and scale of crimes of information orientation, as evidenced by the following data, the Main Information Center of the Ministry of Internal Affairs of Russia over the past 10 years, the number of such crimes has increased by 22.3 times and continues to increase, on average, by 3.5 times annually. A work-based theoretical and methodological analysis is provided: Koneva A.A., Sidorkina I.P., Korobeinikova A.G., Petrenko S.A., Shilyakina E.S., Kiseleva I.A., Nikulchenkova E.V., which will allow us to conclude that the information security direction is currently in high demand. The article reviews and analyzes the main threats to information integrity and means of protection against them. Information protection means are considered, the information market is analyzed, legal mechanisms of data protection are considered, and the degree of data protection is developed. At the current stage of society development, it is personal data protection that is becoming one of the most important issues. Based on the results of the study, the authors conclude that the Labor Code of the Russian Federation defines the general provisions for the protection of personal data of an employee: the concept, requirements, specifics of storage, transfer, rights of employees and responsibility for violations of norms, and arising in the process of labor relations, the issues of employee data protection are regulated by a separate document of the Federal Law of 27.07.2006 N 152-FZ «On protection of personal data».
Economic Problems and Legal Practice. 2020;16(5):207-211
pages 207-211 views

Features of the subject matter of the contract for research development and technological works

Zhdanov S., Laushkin S., Skryachev A.

Resumo

The subject of the study is the subject of contracts for the implementation of research, development and technological work. For any type of contract in civil law an important role is played by its essential conditions, the most important of which is the condition on the subject of the contract. Among civilians there is no consensus on what exactly is considered the subject of contracts for the implementation of research, development and technological work. In the article, the author analyzes the current legislation, judicial practice, considers the subjects of these agreements from the point of view of assigning them to objects of civil rights. The methodological basis of the study is the application of universal methods of cognition, such as the analysis method and the synthesis method. Also, special legal methods of cognition, traditional for legal science, were used: the formal legal method, which is used to generalize and formulate legal concepts, definitions and definitions; comparative legal method, which is a consistent study and comparison of several similar objects, as well as legal modeling, which allows you to find the optimal regulatory model for civil (private law) public relations. The main conclusion of the study is the author’s conclusion that it is necessary to distinguish between such concepts as the subject of the contract and the subject of the contract, as well as the fact that the issue of determining the subject of the contract for the implementation of research, development and technological work must be approached on the basis of for the purpose of concluding these types of contracts. As a result of the study, the author formulated his own definitions of the subjects of contracts for the implementation of research, development and technological works.
Economic Problems and Legal Practice. 2020;16(5):212-217
pages 212-217 views

Qualification of an inheritance relationship with a foreign element: choice of applicable law

Movsisyan A.

Resumo

This article examines the problem of qualification of civil law relations, including inheritance relations in private international law. The qualification of an inheritance relationship as complicated (or burdened) by a foreign element is inherent in the sphere of conflict of laws. The article reveals the practical aspect of the qualification of inheritance relations, which are part of the regulation of Russian private international law, which leads to the choice of law of a particular state. On the basis of qualification of a specific inheritance relationship, the applicable legal order is determined, i.e. the choice of domestic (own) or foreign law. Russian law enforcement practice shows that the correct qualification of the legal relationship determines the choice of applicable law, and not only the choice of applicable law to be applied to the inheritance relationship, but also the establishment, application of foreign substantive law by the law enforcement body of a particular country.
Economic Problems and Legal Practice. 2020;16(5):218-221
pages 218-221 views

On the issue of the nominal (special) account of operators of investment, financial platforms and information systems

Reutskiy S.

Resumo

The paper contemplates to the specifics of entering into a nominal account agreement and performing banking operations on it in connection with the professional activities of operators of investment platforms, financial platforms, and information systems. The purpose of the research is to analyze the legislation of the Russian Federation regulating legal relations related to the introduction of digital financial instruments and digital methods of concluding financial transactions that require opening and maintaining nominal (special) accounts of operators of investment platforms, financial platforms, and information systems by Bank credit organizations. Conclusions obtained in the course of the study. The credit organization provides implementation of activities on investment platforms, financial platforms, and information systems by performing operations on nominal (special) accounts of operators of investment and financial platforms, information systems, and other Bank accounts (deposits) of these operators; investors of investment platforms; and consumers of financial services on financial platforms; non-public joint-stock companies that make transactions in information systems, persons to whom consumers of financial services on financial platforms have obligations. The nominal account agreement is concluded in writing by drawing up a single document signed by the parties, with the mandatory indication of the date of its conclusion. This agreement can be issued as an electronic document. The range of operations on nominal accounts of operators of various platforms operating in the information and telecommunications network «Internet» is limited and differs depending on the specifics of the legal regulation of professional activities of an operator. However, all the above-mentioned operations for transferring funds must be carried out in the interests of the beneficiaries of nominal accounts.
Economic Problems and Legal Practice. 2020;16(5):222-226
pages 222-226 views

Legal status of the subjects of the contract for the refundable provision of educational services

Shtepa T.

Resumo

The main purpose of this work is to determine the legal status of entities that are parties and stakeholders of the contract for the provision of paid educational services. The necessity of defining the conceptual features of the subject composition of an educational service agreement as an object of civil rights has been proved. In this regard, the features of the agreement on the provision of educational services have been determined, which form the specific features of the legal status of its subjects. Considered the classification of contracts for the provision of educational services, based on the subject composition and the nature of the subjects' performance of their duties; the parties to the contract were identified and the available approaches to their definition were analyzed. It has been established that the greatest variation in definitions takes place in relation to the recipient of a paid educational service, while the performer is still mainly characterized as a seller of this service. The typology of the obligations of the subjects of the contract for the provision of paid educational services has been carried out. Problematic and controversial issues in the context of the direction of research are investigated. The differences between the contracts for the provision of educational services of a paid and gratuitous nature from the standpoint of their influence on the functional obligations of the parties to the contract are revealed. It has been determined that the parties to an agreement on the provision of educational services on a reimbursable basis have legal equality, which is manifested in the fact that they hold the same legal positions and neither party is endowed with a relatively different power functions. Based on the results of the analysis, it was found that the main obligations of the contractor are implemented in the amount of additional obligations, which, together with the main one, form a mixed obligation. It is proposed to divide the obligations of the consumer of educational services from the civil law position into basic and additional ones.
Economic Problems and Legal Practice. 2020;16(5):227-230
pages 227-230 views

Legal measures to protect and support business activities in the field of folk arts and crafts: foreign experience

Zhigalova I.

Resumo

The article examines measures to support traditional crafts in various countries of the world. It was noted that the need to protect the rights of peoples to traditional culture, the expression of which is crafts, was recognized not only by the world Organization of Intellectual Property, but also at the level of international and national legislation. It is concluded that it is necessary to form a unified state policy that should ensure: the appropriate codification of Russian legislation in the field of folk art crafts; active participation of public authorities in the development of folk arts and its subjects; the active participation of nonprofit organizations in the development of various national art crafts in Russia; formation and development of new forms and methods of support of the sphere of folk artistic crafts at the state level and the level of civil society.
Economic Problems and Legal Practice. 2020;16(5):231-235
pages 231-235 views

Countering the illegal export of capital in the system of anti-corruption measures in international and national legal practice

Petrova G.

Resumo

The general legal regime for preventing the illegal export of capital abroad is considered as one of the ways to combat corruption. The return by states of illegally exported financial assets is becoming a way to combat corruption and ensure the financial stability of states. An assessment of the social danger of violations associated with the export and non-return of capital is given. The impact of the acts of the Conference of the States Parties to the 2003 UN Convention against Corruption was considered. On the internal anti-corruption law of states. Materials and methods. The texts of the acts of the 2003 Conference of the States Parties to the UN Convention against Corruption were used. for 2017-2020 A comparative legal analysis of anti-corruption norms of laws of various branches of Russian legislation was carried out. Methods of comparative analysis of scientific concepts on the topic of the work were applied. Results. In the process of analyzing international acts and norms of Russian financial, criminal, and administrative legislation, it was noted that corruption offenses are often accompanied by violations of the norms on currency transactions. In this regard, the importance of prohibitive and restrictive norms of currency, tax, banking legislation should increase, concerning liability for tax evasion, illegal export of currency funds, their illegal storage in foreign territories, their non-return under national jurisdiction, for the illegal emission of digital currencies «And others. It is shown that judicial practice is guided by the financial and legal analysis of the legitimacy of foreign exchange operations to export capital with signs of corruption offenses. Discussion and conclusions. It is concluded that the export of capital should be allowed by the Bank of Russia if it is in the national interests of Russia and prohibited if such export threatens economic security or has corruption elements of illegal enrichment at the expense of budget funds and other public finances. The problem of interaction between financial and law enforcement agencies on the detection and return of illegally exported financial assets located abroad to Russia is noted.
Economic Problems and Legal Practice. 2020;16(5):236-242
pages 236-242 views

Electronic document management system in the field of labor relationship: the present context and development prospects

Zybova A.

Resumo

Purpose of the research: Digitisation has touched upon labor relationship. Some elements of digitalization are already actively used by employers in the format of electronic record of employees' work experience. The federal project «Normative regulation of the digital environment» provides the development of normative and legal acts on the conclusion, amendment, termination and storage of employment contracts, the introduction of digital HR workflow. The author analyzes the existing experience in the implementation of digital technologies in labor relationship, and also considers the prospects for the introduction of electronic document management in the organization. Conclusions: From January 1, 2020, an electronic employment record of has been introduced in Russia. In this context, employers are obliged to report all labor activity changes of their employees to the Pension Fund of Russia. The concept of «electronic employment record book» is proposed to enshrine normatively. In the future, it is planned to conclude, change and terminate labor contracts in digital format, in connection with pilots projects have been started to introduce electronic documents related to work. The author emphasizes the need to consolidate at the legislative level a clear algorithm for working with electronic labor contracts, making this process not mandatory, but voluntary for employers. Currently, a new draft law concerning legally significant communications from the parties to the employment contract is being discussed. The author thinks that legalization of the of electronic messages exchange, will give an opportunity to conclude employment contracts using this resource.
Economic Problems and Legal Practice. 2020;16(5):243-247
pages 243-247 views

Activities of non-state pension funds in the field of early non-state pension provision

Yudina E.

Resumo

The system of early retirement pensions was inherited from the USSR and every third Russian pensioner receives a preferential pension. It is assigned to metallurgists, oil workers, coal miners, ballerinas, trolleybus drivers, teachers - the lists of early retired pensioners are huge. The conduction of pension reform involved seeking resources within the system itself. To solve the problem of financing preferential pensions, a system of early non-state pension provision was created, implemented through non-state pension funds. However, the existing legislative regulation does not stimulate employers of hazardous and dangerous industries to create corporate pension programs due to the fact that they will not exempt employers from paying additional insurance premiums in favor of employees on preferential lists. As a result, there are no employers in the country who will not only pay wages on time, transfer insurance premiums in a timely manner, but for this category in an increased amount, but will also form additional contributions for the same employees under the early non-state pension system. The non-state pension paid in the frame of this system does not replace the early insurance old-age pension, that is, it does not entail a decrease in federal budget costs. The purpose of this study is to consider the main legal acts and the process of development of legislation on early non-state pension provision. The result of the study is practical proposals for improving the legal framework of the early retirement pension system.
Economic Problems and Legal Practice. 2020;16(5):248-252
pages 248-252 views

Topical issues of expediency and ethical and legal support of the independence of external control of state corporations

Battalova L.

Resumo

Purpose of the study. The article examines the features of the formation and transformation of ethical and legal regulation of the principle of independence in the implementation of external control in the form of audit of state corporations. From a critical point of view, the authors analyzed the features of modern state corporations operating in the Russian Federation in the system of state-monopolistic capitalism, investigated the key norms of the current legislation governing the independence of auditors and audit organizations from the companies they audit. Conclusions. As a result of the study, the author comes to the conclusion about the low efficiency of control over the financial and economic activities of state corporations due to a number of objective factors. These factors are conditioned, on the one hand, by the peculiarities of the legal status of state corporations, including their non-commercial nature and socially significant position, on the other hand, by the individual properties of the Russian economy. The identified risk factors objectively correlate with the most common corruption risks. The study of the transformation of regulatory, legislative and ethical documents governing the principle of independence in audit allows us to formulate the most significant norms ensuring compliance with the independence of auditors from the companies they audit. At the same time, it is obvious that in the current economic reality, the current market mechanisms necessitate a qualitative modernization, firstly, the criteria for admission to the auditing profession, and secondly, the structure and content of educational standards for SRO auditors, etc.
Economic Problems and Legal Practice. 2020;16(5):253-257
pages 253-257 views

Criminal liability for participation in cartels: the experience of the Russian Federation, Great Britain and France

Molchanov D.

Resumo

The purpose of this article is to identify and analyze the current reasons for the low effectiveness of the provisions of the current legislation of the Russian Federation on criminal liability for participation in cartels, as well as to analyze the accumulated experience of applying Art. 178 of the Criminal Code of the Russian Federation and amendments to the current legislation of the Russian Federation prepared by the Federal Antimonopoly Service of the Russian Federation in terms of bringing to the most severe form of liability for cartels. To obtain comprehensive results of the study, a comparative legal analysis of the accumulated experience on criminal prosecution for participation in cartels in the Russian Federation is carried out with a similar practice in some EU member states, namely the UK and France. The relevance of the issue under consideration is confirmed by the availability of publications on liability for cartels, for example, from such specialists in competition law as A.Yu. Kinev, A.P. Tenishev, A.V. Teslenko. in Russia and P. Wirtz (Switzerland) in the EU. As a result of the study, the author comes to the conclusion that in the scientific community (in the field of competition law) there is still no single approach to the advisability of bringing to such a strict type of liability for participation in cartels as criminal. The author also revealed an insignificant practice of applying the norms of criminal law for participation in cartels (an extremely small number of initiated cases and, as a consequence, almost complete absence of sentences) in all three studied states. The results of this study can be used for scientific and educational purposes by students and teachers of higher educational institutions, as well as practicing specialists in the field of competition law.
Economic Problems and Legal Practice. 2020;16(5):258-261
pages 258-261 views

The emergence of extremism as a response to the globalization of society

Fakov A.

Resumo

The purpose of this study is to consider the negative impact of globalization processes. The negative consequences of globalization include political and economic crises, environmental disasters, spiritual and moral genocide, increased racial, interethnic and religious intolerance, increased social polarization, both in national systems and at the international level. As a result of these processes, there has been a significant increase in the economically disadvantaged segment of the population. All these factors combined have led to the growth of various kinds of protest movements, incl. extremist orientation. The objectives of the study are to analyze the negative consequences occurring at the present stage, under the influence of globalization processes that determined the nature of extremism, as a reaction to the globalization of society, which became the source of crises that occurred one after another: banking, financial, structural and the global world crisis became the final one. As a result of the dynamic development of information systems, the weakening of border regimes, an increase in the possibilities of cross-border movement of financial resources and the active implementation of a policy of global and local dissemination of their cultural and legal values by a number of states, a number of states have led to the intensification of extremist activity, and also entailed its qualitative transformation. Thus, extremism, as a phenomenon, ceased to be concentrated within certain national boundaries. As part of the study, the author came to the conclusion that the dynamics and concepts of globalization provoked the growth of extremism, which grew into radical fundamentalism. All this requires the development of effective measures aimed at overcoming the economic, political, spiritual, moral and cultural crises that provoke religious and political factors that are expressed in the strengthening of extremism.
Economic Problems and Legal Practice. 2020;16(5):262-265
pages 262-265 views

Some aspects of crimes in the field of economic activity

Hasanova S.

Resumo

The article is devoted to certain problems of crimes in the sphere of economic activity. The aim of the study is to study the problems associated with crime in the field of economic activity, to establish the reasons that contribute to the commission of these crimes and complicate the fight against crime in this area. To achieve this goal, the presented article examines topical issues of crime in the field of economic activity. As a result of the conducted study, the author comes to the conclusion that the presence of serious problems in the field of combating crimes in the field of economic activity is primarily associated with the high latency of most crimes committed in the field of economic activity, improper organization of the work of law enforcement agencies to combat crime in the sphere of economic activity. Also, this is due to the poor awareness of law enforcement agencies about these crimes, low level of conducted special operational-search measures to identify these crimes, improper organization of the specified work and coordination of the activities of the relevant bodies, the ability of officials and their assistants, who have committed various crimes in the field of economic activity, to avoid criminal prosecution for various reasons.
Economic Problems and Legal Practice. 2020;16(5):266-270
pages 266-270 views

Crimes in the sphere of health care: problems of systematization and legislative regulation

Ilin D.

Resumo

The article presents the results of the criminal law analysis of crimes committed in the field of healthcare. In view of the fact that Russian criminal law does not provide for this sphere as an independent object and, accordingly, does not distinguish a group of attacks on it, the article sets the task of their doctrinal integration in order to study their social danger, legal and social nature, ensure proper qualification, as well as effective prevention. A very difficult situation has developed around the criminal status of a medical worker. Let's start with the fact that this term itself refers to a rather heterogeneous group of subjects - doctors (often meaning a specialty, for example, an obstetrician, a sanitary doctor, etc.), as well as sanitary, veterinary doctors, auxiliary medical staff, pharmacists, etc. Thus, the problem is the absence of a criminal law concept of a medical worker and, as a result, the resulting difficulties in qualification. A number of articles of the criminal code use different names of medical professionals. Within the framework of this task, based on a critical analysis of existing approaches in the science of criminal law, the author formulates his own concept of crimes in the field of health care, describes the problem, studies their legal and social nature, and systematizes such crimes. Special attention is paid to the criminal law regulation of the status of health care workers as special subjects of crime. Classification and comparative analysis of such crimes are carried out, and each of the selected groups is examined. Gaps are identified in the regulation of liability for crimes in the health sector, and proposals are formulated to amend the criminal law.
Economic Problems and Legal Practice. 2020;16(5):271-279
pages 271-279 views

Problems of systematization of crimes infringing on competition in the sphere of economic activity

Dosova Z.

Resumo

The purpose of the research. The scientific article is preceded by a description of the general concept and meaning of competition in the field of economic activity, as well as constitutional guarantees to support competition. The author points out the role of criminal law means of protecting competition relations in the field of economic activity. The approaches to the classification of crimes that infringe on competition in the sphere of economic activity presented in the modern legal literature are presented. Their critical analysis is given. Results. The point of view is argued that the crimes described in Art. 178, art. 179, art. 180, art. 183, art. 185, art. 185.1, art. 185.3, art. 185.6 of the Criminal Code of the Russian Federation. The author comes to the conclusion that the main criterion for classifying crimes as infringing on competition in the sphere of economic activity should be the direct object of the encroachment. The direct object of these crimes is the social relations that develop in connection with the competition in the field of economic activity.
Economic Problems and Legal Practice. 2020;16(5):280-283
pages 280-283 views

Issues of improving the criminal justice system responsibility for crimes in the sphere of illicit trafficking in medicines and medical devices

Ostapenko O.

Resumo

The article presents the results of the analysis of proposals developed in criminal law science to optimize the Russian criminal legislation in the sphere of turnover of medicines and medical devices. A number of author's proposals for improving this regulatory framework are formulated. The purpose of this article is to substantiate the issues of criminal legislation in the field of illegal trafficking of medicines and medical devices, to specify the problems of qualification of these crimes, and to develop recommendations on amendments to the criminal code of the Russian Federation in this area. Conclusions obtained in the course of the study. Acts committed in the sphere of illicit trafficking in medicines and products have a high degree of public danger. The current state of these crimes indicates the problems that arise in the qualification of these crimes and the high level of their latency, especially in the part where these crimes are committed using information and telecommunications technologies. At the same time, at the doctrinal level, the directions for optimizing the analyzed provisions of the criminal law were developed, and the analysis of criminal cases was carried out, which allowed the author to make a number of proposals for making changes to the criminal law.
Economic Problems and Legal Practice. 2020;16(5):284-289
pages 284-289 views

Topical issues of qualification of crimes committed in the procurement of goods and services

Degtyarev I.

Resumo

The purpose of the research. The scientific article examines the concept, types and most significant characteristics of crimes committed in the procurement of goods and services. Particular attention is paid to the norms directly aimed at combating crimes committed in the procurement of goods and services. The aim of the study is to critically analyze the options for the development of legislation on liability for crimes committed in the procurement of goods and services. Results. The criminal law concept of «crimes committed in the procurement of goods and services» in its scope is part of a broader category of «crimes committed in the field of public procurement». Among the latter are acts that infringe not only on relations with the participation of state and municipal bodies and their officials, but also on corporate relations. It is concluded that the proposals expressed in the scientific literature to provide criminal-legal protection of public relations from encroachments committed in the procurement of goods and services, within the framework of a number of special rules, allocated depending on the type of state or municipal order, are made. It is also unreasonable to propose to combine all elements of crimes committed in the procurement of goods and services into a single article of the criminal law. In the course of the study, the conclusion was substantiated, according to which the current legislation makes it possible to effectively counteract crimes committed in the procurement of goods and services. Further fragmentation of criminal law prohibitions is not advisable. The appearance in the criminal law of «narrowly focused» articles criminalizing acts that are fully covered, for example, by more general rules on bribery, abuse of power and commercial bribery, will create additional difficulties for the law enforcement officer and complicate the qualification of crimes committed in the field of procurement of goods and services.
Economic Problems and Legal Practice. 2020;16(5):290-293
pages 290-293 views

Case-law of the Court of Justice of the European Union on Market Abuse at European Level

Klimek L.

Resumo

A set of legislative instruments regulating market abuse have been adopted by the European Union. The principal contemporary legislative instrument in this field, addressed to its Member States, is the Regulation No 596/2014 of the European Parliament and of the Council on market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings
Economic Problems and Legal Practice. 2020;16(5):294-313
pages 294-313 views

Detection, recording and preservation of important forensic information when examining damaged documents

Mamontov A.

Resumo

The relevance of the topic of research of problems related to the quality of documents applying for an expert study. Expert practice clearly demonstrates that complex solutions to a number of problems are associated with the material state of the objects of research forensically. Information is lost already at the stage of their withdrawal, in the process of transportation or storage even before the start of the examination. It is also an important circumstance that in relation to one object, both a complex of various expert studies and research by experts in various organizations can be carried out. In this case, experts do not try to preserve the trace picture of the object in the future, making irreversible changes in the information field of the document. The article presents the tasks facing the expert, considers topical issues of the implementation of the storage mode for documents-material evidence. Some recommendations for working with such objects are given. The author proposes approaches to ensuring the conservation of research objects, is a methodological innovation in organizing the production of examinations.
Economic Problems and Legal Practice. 2020;16(5):314-317
pages 314-317 views

Subject, objects and tasks of forensic examination of intellectual property objects

Savenko A.

Resumo

Based on generalization and scientific analysis of expert practice, court decisions on cases related to intellectual property objects, the article presents the subject, objects and tasks of forensic examination of intellectual property objects. It is a result of the synthesis of forensic expert science and empirical experience. In particular, direct objects of forensic examination of intellectual property objects, common objects for each type of forensic examination of intellectual property, generic object of forensic examination of intellectual property presented. Typical questions presented. The subject of forensic examination of intellectual property objects defined, and the tasks solved in the course of research of intellectual property objects presented. The tasks of forensic examination of intellectual property objects divided into identification and diagnostic groups. The object of this examination is a material carrier of information about the results of intellectual activity or the use of means of individualization. The subject - factual data or circumstances of the case, established on the expert's special knowledge, identified in the course of expert research of intellectual property objects. Tasks generally divided into identification tasks, including establishing the identity of intellectual property objects, and diagnostic tasks, including determining the characteristics and properties of intellectual property objects.
Economic Problems and Legal Practice. 2020;16(5):318-321
pages 318-321 views

On the issue of improving legislation on state regulation in emergency situations of natural and man-made nature

Efremov I., Pavlyuk A.

Resumo

The authors analyze the existing legal gaps and management problems that arise in the framework of state regulation in natural and man-made emergencies. In connection with the outbreak of the new COVID-19 coronavirus infection in 2019, the analysis of state regulation in emergency situations is very relevant. The authors analyzed in detail the prerequisites for improving state regulation in emergency situations, which set the «corridor» of possible improvements. Only with a thorough analysis of all the prerequisites we can develop truly effective mechanisms for state regulation in emergency situations and modernize the legal framework for emergency situations. In the article, the authors offer definitions of a number of concepts in the field of RSChS.
Economic Problems and Legal Practice. 2020;16(5):322-326
pages 322-326 views

Inspection activities carried out by transport police officers at transport infrastructure facilities: introduction of modern technologies (profiling)

Dudaev A., Bogacheva M., Sidorenko A.

Resumo

Living in an age of high technology that is able to maintain the level of security at the proper level. Still, we cannot be 100% safe from the threat of terrorism. This does not mean that the level of passenger security at transport facilities does not meet all norms and requirements. That is why, along with the already existing technologies and methods, which ensure the security of transport infrastructure, it is necessary to resort to the constant use of alternative options for detection of offences committed in the objects of transport. One of the promising approaches to this problem is the introduction of modern technologies (profiling), which is used by Western security services for over 30 years and is gradually becoming in demand in Russia and neighboring countries. The purpose of the work is the following: designation and delimitation of responsibilities of two services, such as SAS (aviation security service) and transport police officers for carrying out and inspection activities at the objects of transport complex; implementation of the method of profiling in the work of the inspectors of specialized departments to ensure public order in the transport and technological sectors of transport infrastructure LO / LU of the Ministry of Internal Affairs of Russia (SOOP). As a result, we put forward a proposal on the need to train the staff of line departments in certain aspects of profiling with the involvement of in-house psychologists at the institutes of the Ministry of Internal Affairs of Russia.
Economic Problems and Legal Practice. 2020;16(5):327-330
pages 327-330 views

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