Acesso aberto Acesso aberto  Acesso é fechado Acesso está concedido  Acesso é fechado Acesso é pago ou somente para assinantes

Volume 15, Nº 5 (2019)

Articles

MODELS OF INTEGRATED ASSESSMENT OF INVESTMENT PROJECTS FOR VARIOUS ECONOMIC ENTITIES

Loseva O., Fedotova M.

Resumo

Introduction. Evaluation of the effectiveness and economic feasibility of investment projects of different directions and for different economic entities is an extremely urgent task. Its solution will allow the state, the region, the organization and the private investor to make informed investment decisions, effectively use budget funds, implement a competent investment policy aimed at reducing the risks from investments. The article posed and solved the following tasks: 1) approaches to the integrated assessment of investment projects, objects and subjects of evaluation; 2) the proposed system of quantitative indicators by which characterized by different kinds of the feasibility of investment projects; 3) justifies the selection model method for the valuation of the investment project; 4) developed an algorithmic model of finding the integral indicator of assessment of the investment project for different economic actors. Materials and Methods. The article uses the materials of the research work of the financial University, carried out in the framework of the state task for 2019, cost and scenario approaches to the evaluation of the investment project. In determining the value of the investment project, the methods of income, comparative and cost approaches are used. The Saati method is used to implement the scenario approach. In the construction of the integral index - the method of expert assessments. Results. The investment project is proposed to be considered as an object of integrated assessment, including the assessment of its cost, efficiency and determination of compliance with quantitative and qualitative criteria of economic feasibility in the modern economy. The following types of economic feasibility (criteria) are identified: General; social; budgetary; environmental; regional; sectoral; economic; commercial; financial; economic. To quantify the economic feasibility of the proposed specific indicators that may vary depending on the type of investment project (economic; social; environmental; infrastructure; innovation). The final assessment of the economic feasibility and, consequently, the investment attractiveness of the project, is determined by taking into account the importance of a criterion for the evaluation of the project for the subject of the economy. The model of choice of method of calculation of cost of the investment project depending on its purpose and a stage of realization is offered. Algorithmic models of valuation and economic feasibility of investment projects for various economic entities on the basis of scenario approach are developed. The result of their application is an integral evaluation indicator, for which the boundaries of positive or negative decision-making on investment or uncertainty situation are indicated. Summary. The proposed approaches and algorithmic models will provide a single result of the integrated assessment, which is a metric of investment attractiveness and feasibility of the investment project.
Economic Problems and Legal Practice. 2019;15(5):11-17
pages 11-17 views

MECHANISMS OF ENSURING SCIENTIFIC AND TECHNICAL AND SCIENTIFIC AND TECHNOLOGICAL COMPETITIVE ADVANTAGES OF RUSSIAN INDUSTRY ON THE EXAMPLE OF THE MILITARY-INDUSTRIAL COMPLEX

Dontsova O., Abdikeev N., Tolkachev S.

Resumo

In the field of cooperation between science and business, the low susceptibility of Russian society to the application of the results of scientific research is highlighted. Currently, there is practically no transfer of knowledge between the defense industry, where there is a high level of international competitiveness of products and the civilian sector of the economy. In order to improve the existing mechanisms for ensuring the scientific and technical competitive advantages of industry, the article highlights the intensification of the diffusion of the competitive advantages of the military-industrial complex in the civilian sphere, the formation of high-tech clusters on the basis of the leading enterprises of the military-industrial complex, and more.
Economic Problems and Legal Practice. 2019;15(5):18-24
pages 18-24 views

SOCIAL PROTECTION AND ECONOMIC SECURITY IN VARIOUS PENSION SYSTEMS

Smirnov V.

Resumo

The article analyzes the construction of pension systems in different States. Much attention is paid to the correlation between the concepts of social protection and economic security of the state. The study of various models of pension systems, as well as factors affecting their formation. Based on the analysis of foreign experience, the article identifies the key institutions: assessment and calculation of mass social risks, analysis and identification of risks by population groups, the Institute of state pension provision, the Institute of state pension insurance, the Institute of conditional pension insurance, the Institute of private-funded compulsory pension insurance, the Institute of private voluntary pension insurance, the Institute of burden distribution for payment of contributions between employees and employers, Institute of subsidizing payments on insurance contributions by the state, Institute of tax benefits to attract additional funds to the pension system.
Economic Problems and Legal Practice. 2019;15(5):25-34
pages 25-34 views

METHODS OF INTEGRATION OF SIMULATION AND COGNITIVE MODELS INTO BUSINESS PROCESSES IN THE CREATION AND MANAGEMENT OF VALUE CHAINS IN PRODUCTION SYSTEMS

Abdikeev N., Losev A., Bogachev Y.

Resumo

The development of competitive value chains in production systems, as an institutional structure operating on network principles, served as an impetus to the development of a system of models of inter-industry digital platform for the management and optimization of cooperation of high-tech network production systems. The paper describes the ways of integration into business processes of production systems of simulation and cognitive models. The practical implementation of the system of these models is a separate software product-an intersectoral digital platform for participants to create new high-tech products and their components.
Economic Problems and Legal Practice. 2019;15(5):35-41
pages 35-41 views

ON THE NEW PARADIGM FOR THE DEVELOPMENT OF THE WORLD ECONOMY AND ITS REFLECTION IN SUSTAINABILITY THEORETICAL IDEAS OF Russia’s Economic Security Strategy

Agapova T., Anischenko E.

Resumo

The world economy has entered the twenty-first century under the sign of globalization, defined as the internationalization of production, capital, markets and information systems globally. Today, the level of development of certain subjects of international economic exchange is no longer determined only by the volume of commodity production. They were replaced by such concepts as the structure of the economy, its competitiveness, investment climate, the role and share of services sold, the share of knowledge-intensive and high-tech products, involvement in international information and scientific and technical exchange and, most importantly, the degree of involvement in world financial relations and processes.
Economic Problems and Legal Practice. 2019;15(5):42-47
pages 42-47 views

DEVELOPMENT OF CLASSIFICATION AND SYSTEMS OF INDICATORS OF EVALUATION OF RISK RESISTANCE OF ENTERPRISES WHEN ACHIEVING TACTICAL AND TECHNICAL REQUIREMENTS DURING PERFORMANCE OF THE STATE ORDER

Zubova L., Gotskaya N., Stepanova T., Sultigova M., Korovin E., Yakhvarov E.

Resumo

The paper has developed the theory of risk tolerance in targeted processes of social and economic systems. Purposeful processes are considered on the example of the progress of experimental design work when achieving the tactical and technical requirements, where TTZ is the direction and goal of the achievement and process. An innovative managerial approach is proposed, based on a new phenomenon in the form of a revealed pattern, manifested by the interdependence of the dynamics of risk tolerance of enterprises of performers when achieving tactical and technical requirements, taking into account the dynamics of the life cycle of experimental design work and risk tolerance when achieving technical and economic requirements.
Economic Problems and Legal Practice. 2019;15(5):48-53
pages 48-53 views

FOOD SECURITY: CRITERIA AND PROBLEMS FOR THE SECURITY MECHANISM

Shchennikova E., Shchennikova V.

Resumo

The article considers the problems of the mechanism of ensuring food security, provides an analysis of statistical data on the production of certain types of food, presents forecasts of the production of the main types of crops and animal products by 2023, substantiates the need for a correct assessment of the available production factors in the region in order to identify areas for the efficient use of state support funds in the field of food security of the country.
Economic Problems and Legal Practice. 2019;15(5):54-59
pages 54-59 views

ASSESSMENT OF ECONOMIC SECURITY OF THE REGION IN THE CONTEXT OF GLOBALIZATION: PROBLEMS AND PROSPECTS

Mambetova F., Fakov A.

Resumo

The article analyzes the existing methods of assessing the economic security of the region, identifies problems of its assessment, suggests key indicators for assessing the territory, taking into account globalization aspects of world economic relations.
Economic Problems and Legal Practice. 2019;15(5):60-62
pages 60-62 views

NORMATIVE-TECHNICAL AND METROLOGICAL SUPPORT OF QUALITY CONTROL SYSTEMS

Zenina I., Litvinov A., Salnikova T.

Resumo

The article systematically discusses the contemporary issues of the regulatory, technical and metrological product quality assurance. The article substantiates the following thesis: in order to ensure the sustainable development of a business-system in current conditions, the quality assurance systems should be enhanced within the quality management system. In addition the quality issues arising in the process of cable products manufacturing should be analysed and solutions should be considered.
Economic Problems and Legal Practice. 2019;15(5):63-65
pages 63-65 views

TO THE QUESTION FOR DETERMINING THE NUMBER OF LABOR RESOURCES FOR THE IMPLEMENTATION OF LIFE CYCLE STAGES OF HIGH-TECH PRODUCTS

Podolsky A., Ivanov S.

Resumo

the implementation of program-target planning of the life cycle of high-tech products requires the determination of the required number of different types of resources, among which one of its most important types - human resources-is singled out. The changes taking place in the economy associated with the transition to a new technological order predetermine the constant development of labor resources and the transformation of its structure. The purpose of the study is to develop a methodological apparatus for determining the number of labor resources for the creation and application of new high - tech products and innovative technologies. Research in the field of resource provision within the framework of innovative project management and optimal use of attracted (expended) resources is given considerable attention by domestic [Babkin, Ivanov, Ignatov, Kovalev, Kosenko, Kondratyev, Lavrinov, Podolsky, Stifeev, 2019; buravlev, Burenok, Lavrinov, Podolsky, Pyankov, 2017; Burenok, Lyapunov, Mudrov, 2004] and foreign scientists [Dodgson, 2008; Ries, 2011; Wingate, 2013]. However, the rationale of their needs in labor resources required to implement the stages of the life cycle of high-tech products, lack of attention, thereby affecting the degree of implementation of adopted planning decisions related to the implementation of the life cycle of high-tech products. In this regard, the task of developing a methodological apparatus for determining the number of labor resources for the implementation of the stages of the life cycle of high-tech products is urgent. Scientific justification of the need for labor resources will have a positive impact on social stability in the society, as it will allow determining the level of employment of the population of the regions in which it is planned to be created. The material presented in the article has a practical orientation and has a novelty, which is expressed in the ability to estimate the number of labor resources with different degrees of elaboration of the appearance of high-tech products, solved when creating tasks and the composition of the work performed for this purpose. This allows you to use the proposed methodological support to obtain forecast estimates for different lead periods. The developed methodological apparatus can be used in the development of information and analytical system for determining and analyzing the number of labor resources required for the implementation of the life cycle stages of high-tech products.
Economic Problems and Legal Practice. 2019;15(5):66-72
pages 66-72 views

METHODICAL APPROACH DETERMINING THE DURATION OF THE LIFE CYCLE STAGES OF HIGH-TECH MILITARY PRODUCTS UNDER UNCERTAINTY

Podolsky A.

Resumo

The formation of plans for the implementation of the life cycle of high-tech military products is associated with the determination of the duration of its life cycle. The transition to a new technological order, including digitalization, predetermine a significant complication of new technology, the process of its creation and operation, which, in turn, affects the timing of its life cycle stages and requires taking into account the uncertainty factor. The purpose of the study is to develop a methodological apparatus for determining the duration of the life cycle stages of high - tech military products under uncertainty. Researches in the field of duration of realization of stages of life cycle of hi-tech production which are carried out within development of methodology of management of innovative projects and program-target planning, the considerable attention is paid to domestic [Babkin, Ivanov, Ignatov, Kovalev, Kosenko, Kondratiev, Lavrinov, Podolsky, Stifeev, 2019; Burenok, Lyapunov, Mudrov, 2004] and foreign scientists [Leite, Teixeira, Samanez, 2012; Ries, 2011]. However, insufficient attention is paid to the justification of the duration of the life cycle stages of high-tech military products in conditions of uncertainty, which negatively affects the quality of the planned decisions. In this regard, the task of developing a methodological apparatus for determining the duration of the implementation stages of the life cycle of high-tech military products in conditions of uncertainty is urgent. Outlined in this article has a practical orientation and has novelty, which is expressed in the ability to estimate the duration of the implementation life-cycle stages with different degree of maturity of the appearance of high-tech products, solve at its creation, tasks and composition of performed works, as well as uncertainty of information, which increases with the period of the plan. The developed methodological apparatus can be used in the development of information and analytical system for determining and analyzing the duration of the life cycle stages of high-tech military products under uncertainty.
Economic Problems and Legal Practice. 2019;15(5):73-78
pages 73-78 views

THE ROLE OF THE BANK OF RUSSIA IN THE NATIONAL PAYMENT SYSTEM

Ulanova E., Popkov S.

Resumo

The national payment system is not just an infrastructural component of the financial system, it is the circulatory system of the country's economy. Developed national payment system is able to timely and accurately distribute financial resources between all economics’ subjects, ensuring faster and more efficient implementation of the tasks set for economics’ subjects and the government. The formation and development of national payment system in Russia is carried out by the mega-regulator-the Bank of Russia, but the current approaches and directions of national payment system development, as well as new opportunities for digitalization, require improvement in infrastructure and in the organizational aspect. The research of the role of mega-regulator of the national payment system, the peculiarities in relations between Bank of Russia and participants of payment system, contradictory and dual role of the regulator, presented global approaches of regulators in relation of national payment systems. The best practices of the European Union and individual countries in creating effective national payment systems are presented and analyzed. The authors make conclusions about insufficient of participation of the Bank of Russia in the development of national payment systems, create and given recommendations and proposals for improving the national payment systems, expanding the role and functions of the Bank of Russia in the national payment systems, taking effective activities for its development. The formulated directions of development of payment systems which can be used by Bank of Russia for improvement of strategy of development of payment systems, creation of effective and demanded by society of national payment system.
Economic Problems and Legal Practice. 2019;15(5):79-82
pages 79-82 views

SOME PROBLEMS OF EFFICIENCY OF INSTITUTE INSOLVENCY FUNCTIONING

Vakhitova R., Popkov S.

Resumo

This article is devoted to the study of problematic aspects of the functioning of the Institute of bankruptcy. Within the framework of the allocated financial block, the main provisions of remuneration of arbitration managers are characterized and a structural scheme of their expenses is defined. The second - organizational-block describes the problems of formation of business reputation of the professional community, as well as "gaps" in the training of qualified anti-crisis personnel. The third block contains the analysis of legal risks of arbitration managers' professional activity.
Economic Problems and Legal Practice. 2019;15(5):83-86
pages 83-86 views

ASSESSMENT OF INTELLECTUAL STABILITY OF ORGANIZATIONS IN COOPERATION WITH UNIVERSITIES

Vasilyeva O.

Resumo

The subject of the study is the process of assessing the intellectual stability of organizations in cooperation with Universities in terms of autonomy, permanent capital. The aim of the study is to assess the intellectual stability of organizations in interaction with Universities using indicators characterizing the share of long - term sustainable resources in their total volume. Research method-analysis, including coefficient, synthesis, comparative, induction, deduction. Results of the study-the concept of «intellectual stability» of organizations and Universities as a system characteristic, expressed by the relationship, interaction and interdependence of a number of relevant elements of the system. It is directly established that the autonomy indicator, which shows the possibility of financing by own sources of intellectual capital of organizations and Universities, in most cases, with the exception of the situation in PJSC «Second generating company of the wholesale electricity market», does not meet the criterion level-50%; the indicator of permanent capital, reflecting the possibility of financing by own and long-term sources of intellectual capital of organizations and Universities, in the organizations of manufacturing industries, including in LLC «poultry» has critical values. Factors of macro-, meso-, micro-levels of manifestation of risk of loss of intellectual stability of the organizations and higher education Institutions are identified. The scope of the results - organizations and Universities. Conclusions - based on the assessment of intellectual stability of organizations in cooperation with Universities in terms of autonomy and permanent capital justified the need for permanent sources of financing of intellectual capital of organizations and Universities. Their lack in most cases in organizations complicates the development of long-term cooperation between organizations and Universities for the formation of joint intellectual capital.
Economic Problems and Legal Practice. 2019;15(5):87-89
pages 87-89 views

AUTOMATIC EXCHANGE OF INFORMATION: DEVELOPMENT PERSPECTIVE AND CURRENT PROBLEMS AND ACHIEVEMENTS

Kirsanova V.

Resumo

This article examines the current trends in transfer pricing, analyzes the characteristic features of the influence of information technology on the automatic exchange of information. The difficulties of automatic exchange of information, for example, regarding data protection and the right to privacy of taxpayers who are involved in such an exchange, have been identified. The influence of the FATCA is analyzed. Based on the study, the author comes to practical conclusions about current problems and how to avoid them in the sphere of automatic information exchange, including the need to harmonize automatic exchange with the rejection of the three standards in favor of a single unified standard, simplifying the information transmitted, developing a common IT infrastructure, establishing restrictions on the duration of data storage.
Economic Problems and Legal Practice. 2019;15(5):90-93
pages 90-93 views

INFORMATION SYSTEMS AUDIT-RISK-ORIENTED APPROACH

Sitnov A.

Resumo

Task. The article considers the rules of audit of business information systems, based on the methodology of the international standard COBIT in the conditions of formation of the information society of its Russian segment. The features of the risk-based approach in the transition to universal digitalization are assessed, and the main directions of development of this approach are identified. The problem is that the methodology of COBIT does not disclose the essence and algorithms of this approach and allows its application individually in each specific audit of the information system of any business. Research has shown that in order to manage effectively, it is necessary to get a proper understanding of what to manage. Therefore, the auditor first needs to identify potential problems and factors that may affect the management process and outcome. Model. The article studies modern approaches build a model of auditor risk assessment where the audit criteria are based on risk assessment, allowing to combine the power of modern management techniques and professional knowledge of the auditor. Summary. The conclusion is made that performing audit of the it project to the auditor, it is necessary to consider that the specified project is carried out against constant applied research. Development of prototypes, testing of hypotheses, creation of MVP all this is necessary to receive at an output a product which will work effectively and bring profit. However, any research process entails risks associated with uncertainty and unpredictability. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at real optimization of modern audit of business in General and audit of information systems in particular. Originality. The study conducted by the authors revealed that the research nature of modern audit is associated with the fact that modern users of its services are spoiled by the diversity that the market of consulting services offers them. They are used to the fact that digital products and services are available here and now, easy to use and secure. In addition, the perception of digital products is influenced by globalization. Technologies that have existed for two or three years and have been successfully used more than once may lose the interest of consumers against the background of new solutions. And such speed changes mean there is always a risk of being late. In such a competition, a misjudgment of the market situation, a delay in market release, or deficiencies affecting quality can be detrimental to the product. The approach proposed in the article to the audit of information systems allows to exclude these difficulties arising from it consumers.
Economic Problems and Legal Practice. 2019;15(5):94-97
pages 94-97 views

GENERAL REQUIREMENTS FOR THE PREPARATION, PRESENTATION AND PUBLICATION OF CONSOLIDATED FINANCIAL STATEMENTS IN RUSSIA

Kashirskaya L., Sitnov A., Lebedeva U.

Resumo

Task. The article discusses the General requirements for the preparation, presentation and publication of consolidated financial statements in Russia. The assessment of the peculiarities of its formation in connection with the regulatory changes in the Russian Federation on these aspects is given. The problem lies in the fact that the formation of these reports is a relatively new aspect for Russia of the development of integration processes of Russian companies requiring a special approach to its practical implementation and compliance with the legal requirements not only of Russia but also of the world community. Model. In order to confirm these aspects, the article investigates a number of requirements of regulatory legal acts regulating CFR. Summary. It is concluded that the application of IFRS is carried out in relation to the most socially significant institutions, which leads to the need to include in the circle of persons obliged to draw up a CFO, state authorities and on an annual basis to audit the quality of their work. Practical importance. The practical significance of the article lies in the fact that the conclusions and proposals are aimed at strengthening the emphasis on the generalization of regulatory requirements to the CFO. Originality. The study conducted by the authors revealed that the new reality has changed the attitude to financial reporting on the part of stakeholders.
Economic Problems and Legal Practice. 2019;15(5):98-102
pages 98-102 views

METHODOLOGY OF AUDIT OF FORMATION OF RESERVES FOR DOUBTFUL DEBTS

Kashirskaya L., Sitnov A., Sokha V.

Resumo

Task. The article deals with theoretical and practical aspects of audit of accounting for the creation of reserves for doubtful debts of companies. The features of their formation in connection with the regulatory and legal changes in the Russian Federation on these aspects are assessed. The problem lies in the fact that since the formation of provisions for doubtful debts is not an element of accounting policy, but is a mandatory requirement in case of detection of the risk of non-payment of obligations by debtors of the company, it is easier for the auditor to prove his case in case of deviations. Model. In order to confirm these aspects, the article examines a number of statistical indicators for 2016-2017 and 2018 -2019. Summary. It is concluded that the auditors need to pay attention to the correctness of the formation of reserves for doubtful debts due to the fact that the creation of reserves can significantly reduce the tax base on income tax for the company. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at strengthening the emphasis on audit in the audit of the specified segment of financial statements. Originality. The study conducted by the authors revealed that the new reality has changed the attitude to the calculation of debt and considered examples of correct recognition of debts as doubtful.
Economic Problems and Legal Practice. 2019;15(5):103-108
pages 103-108 views

THE PROBLEM OF MANAGING THE MONEY LAUNDERING RISK

Maksutova A.

Resumo

Task. The problem of legalization of illegal income through the banking sector of the economy continues to be relevant due to a significant amount of dubious operations. The article explores the relationship between the risk of legalization of illegally obtained income and other banking risks, as well as factors that may have an impact on it. The emphasis is on establishing the relationship between the risk of legalization of illegally obtained income and credit risk. The problem of risk assessment of legalization of illegally obtained income and its management is analyzed. The relevance of the topic is not in doubt, since the occurrence of such a risk entails the occurrence of financial losses for a credit institution and carries threats to the country's banking system. Model. The article developed tools to manage the risk of legalization of illegally obtained income, which allows to increase the efficiency of management decisions and reduce financial losses. Findings. The use of the proposed tools for managing the risk of legalization of illegal income will contribute to the adoption of effective management decisions depending on the risk - the appetite of credit organizations and, consequently, reduce potential financial losses from the implementation of emerging risks. Practical value. The practical significance of the article lies in the fact that the conclusions and suggestions are aimed at improving the transparency, stability and reliability of the banking sector of the country's economy, as well as ensuring economic security of both a separate credit institution and the entire state. Originality. The proposed measures to minimize this risk contribute to reducing the likelihood of risk and reduce the damage from its implementation. The developed methodology for managing the risk of legalization of illegal proceeds allows to increase the effectiveness of the risk management of laundering illegally obtained proceeds to reduce financial losses and achieve goals.
Economic Problems and Legal Practice. 2019;15(5):109-113
pages 109-113 views

EAEU COUNTRIES DYNAMICS OF FOREIGN AND MUTUAL TRADE ANALYSIS BASED ON THE RATIO COEFFICIENT

Oganisyan G.

Resumo

Eurasian integration is one of the main integration processes taking place on the territory of the post-Soviet states. May 2019 marks five years anniversary since the establishment of the regulatory body of the Eurasian economic commission. Over the years, the Commission has created many institutions and mechanisms in order to promote deeper integration. One of the most objective indicators of economic integration is the dynamics of external and internal (mutual) trade. The article discusses the dynamics of foreign and mutual trade of the countries of the Eurasian Economic Union over the past eight years, starting in 2010. Different indicators are often used to analyze the integration effect, such as the import intensity index (Norheim and Anderson, 1993), or bilateral trade flows (J. A. Brown, 1949), etc. All of the above factors and calculation methodologies show different results that have been constantly presented in numerous studies. This article provides a new approach with the use of the author's coefficient, the feature of which is the use of a special comparison coefficient reflecting the economic efficiency of integration of the EAEU countries. When applying the author's ratio to the dynamic series, it can be argued that integration provides a positive result for the EAEU member states.
Economic Problems and Legal Practice. 2019;15(5):114-117
pages 114-117 views

MAIN PROBLEMS AND PROSPECTS OF FURTHER STRENGTHENING OF POLITICAL AND ECONOMIC RELATIONS BETWEEN VIETNAM AND THE EU

Tran V.

Resumo

East Asia considered a region in cooperation with which the EU is also interested from the partnership with which it benefits (30-40 % of the EU's trade turnover). At the same time, it is a region of unresolved conflicts and unexpected hot spots, such as, for example, North Korea's nuclear program, relations between China and Taiwan, incidents in the South China Sea, multiple manifestations of separatism, etc. For this reason, strengthening the partnership directly in the region and working to stabilize it are dependent on the strategic interests of the EU, but Vietnam as a strong and predictable power is one of the main partners and can be a kind of bridge in the relationship between ASEAN and the EU. For Vietnam, in its turn, strong ties with the EU have every chance to demonstrate a counterbalance to China, reduce unnecessary interdependence and create the necessary probability of diplomatic maneuvering in the context of, for example, the conflict over the Islands in the South China Sea. The purpose of this article is to consider the main problems and prospects of political and economic relations between Vietnam and the European Union. The aim of the study is to summarize the EU-Vietnam free trade Agreement (EVFTA) and the investment protection Agreement (EVIPA). The research methodology based on the principles of system analysis and interdisciplinary scientific-system approach. Empirical methods (collection, study and comparison of data), methods of comparative and regression analysis and generalization of statistical data, principles of formal logic used to solve the tasks. When processing and systematizing information, multi-sign classifications, grouping methods, and expert assessments used. The theoretical significance of the study lies in the development of ideas and expansion of existing theoretical approaches to the formation of strengthening political and economic relations between Vietnam and the EU. The practical significance lies in the fact that the main provisions and conclusions can be used for seminars, as well as find application in special training courses. The value of the study. The structure of the agreements on the formation of free trade zones between the EU and Vietnam (EVFTA) and on the protection of investments between the EU and Vietnam (EVIPA) revealed the characteristic features of the documents are given. The importance of treaties for the purpose of building subsequent interaction within the framework of the activity of the powers revealed.
Economic Problems and Legal Practice. 2019;15(5):118-120
pages 118-120 views
pages 121-123 views

COUNTER-SANCTIONS AND «ECONOMIC WARS»: A POSITIVE VECTOR FOR THE DEVELOPMENT OF ENTREPRENEURSHIP AND QUASI-ECONOMIC ACTIVITY?

Pavlikov S.

Resumo

The aim of the article is to study the causes and consequences of an increasingly widespread position, according to which the regime of counter-sanctions and economic wars can be identified with the positive prospects of entrepreneurial and, in general, economic activity. To achieve this goal, the works of both domestic and foreign civilists were used (Israel Kirzner, McCain Scott, Armentano Dominic, etc.) The results of the study are the substantiation of the judgment that the development of modern business law requires the formation of a theory of «quasi-entrepreneurial» activity, the essence and specificity of which are described in this article. The practical significance of the work may be due to its use in the process of legalizing the institution of retortions, «packages of anti-sanction measures», etc. The author expresses the hope that the totality of this kind of doctrinal positions, provided they are multiplied in the scientific community and perceived by the authorities, can actualize the negative perception of the phenomenon of «economic egoism» of modern states. The identification of the relationship of this phenomenon with the forms of correlation of entrepreneurial, economic and quasi-economic activity, which is rarely taken into account in legislative and law enforcement processes, confirms the originality of the presented article.
Economic Problems and Legal Practice. 2019;15(5):124-126
pages 124-126 views

RUSSIAN ECONOMIC SECURITY STRATEGY: LEGAL PROBLEMS AND WAYS TO SOLVE THEM

Toriya R.

Resumo

The discussed problem of financial security in Russia is in the interest, both at the state level and cognitive. It should be noted that this issue is studied mainly by economic science, while a considerable potential of jurisprudence is not fully exploited. In our opinion, consideration of such problems by branch of the law as financial will allow to reveal modern directions and the parties of forward movement of financial policy, the state-legal construction of guarantee of financial security, its structural divisions and a technique. This article is devoted to the development of legal regulation of the strategy of economic security of the Russian Federation, legal problems and the methods used to solve them. The article deals with the main provisions of the Strategy of economic security of the Russian Federation. Definitions of «economic security», «financial security» are also given. Recommendations on monetary policy, tax policy, foreign economic activity policy incorporated into the Strategy content are considered.
Economic Problems and Legal Practice. 2019;15(5):127-130
pages 127-130 views

DIGITAL LAW AS A NEW LEGAL PHENOMENON

Shaydullina V.

Resumo

Model. his article will consider the transformation of value chains in the Eurasian space (in the triad «European Union - China - Russian Federation»), associated with the active growth of electronic commerce and the introduction of digital technologies. An analysis of the problems of regulatory deficits arising about the above processes will also be carried out. Findings. Based on the results of consideration of alternative target models of electronic commerce regulation in the Russian Federation, the author substantiates the formation of a digital interaction mechanism in the field of electronic commerce. This mechanism involves the creation of conditions conducive to the development of domestic trading digital platforms, as well as conditions for the transit of goods sold through electronic commerce channels from the European Union to China and in the opposite direction. Originality / Value. Expert councils under the State Duma of the Russian Federation actively discuss models of legal regulation of electronic commerce in Russia. When choosing such a model, the territorial specificity and level of development of digital technologies in the field of trade should be considered. Through research, you can identify key issues in e-commerce regulation. The results of this study can be used to improve the current legislation of the Russian Federation.
Economic Problems and Legal Practice. 2019;15(5):131-134
pages 131-134 views

ARTIFICIAL INTELLIGENCE: LEGAL STATUS, PROBLEMS OF DEFINING AND PROSPECTS OF USAGE IN LAW

Ismailov I.

Resumo

The purpose of this study is to analyze a legal status of artificial intelligence and its units in national law, systemize approaches to its definition and the prospects of its implementation in a legal environment. Conclusions: Author draws conclusion to regard the artificial intelligence as a legal subject, but states the necessity of framing the new models of its legal status, scope of its rights and responsibilities. Among the prospect fields of artificial intelligence usage there is an opportunity to use it as a searching utility, which could be emphasized in countries of common law, as well as to review typical claims or lawsuits and to automate the determination of jurisdiction process. Originality / Value: Currently there is no unite approach to define an artificial intelligence and the potential scope of implementation and usage of this technology, herewith its development is stated as a priority goal in roadmaps and strategic papers in Russia and foreign states. Further investigation of a civil legal nature of artificial intelligence units is needed in order to solve potential disputes and to articulate the concept of artificial intelligence as a matter of regulation.
Economic Problems and Legal Practice. 2019;15(5):135-139
pages 135-139 views

REVISITING THE BLOCKCHAIN TECHNOLOGY LEGAL REGULATIONS: FOREIGN EXPERIENCE ANALYSIS

Sereda A.

Resumo

Purpose. This article provides a brief analysis of foreign experience in the legal regulation of blockchain technology. In order to find the most optimal regulatory definition of this concept, the author examines the approaches existing in the legislation of foreign countries and scientific literature. Design. The legal regulation of blockchain technology cannot be carried out isolated from particular means of its application. In many ways, the practical aspect plays the main role in the choice of the most appropriate legal regulation model in relation to a certain type of cryptoassets. At the same time, it should be borne in mind that general legal norms (in particular, definitions providing rules) will contribute to a clearer construction of the entire system of legal regulation and can serve as a “starting point” for law enforcement agencies in resolving disputes. Findings. The experience of foreign countries studied in this article can be adapted and applied to Russian realities in the light of the need to improve national legislation to ensure the necessary legal conditions for the construction and functioning of the digital economy as one of the state priorities. Originality/value. The article provides an overview of the most relevant changes in foreign legislation in the investigated field and explores a significant number of sources on this topic. Conclusions can be used in the course of further work on the development of legal regulation of the economic turnover of cryptoassets in the Russian Federation.
Economic Problems and Legal Practice. 2019;15(5):140-143
pages 140-143 views

REVISITING BLOCKCHAIN TECHNOLOGY IMPLEMENTATION FOR COPYRIGHTS PROTECTION

Markicheva I.

Resumo

Purpose. The possibility of using blockchain technology to protect copyright is analyzed in this article. The author explores the approaches existing in the scientific literature to the definition of the blockchain and related technology of smart contracts concepts, highlights the key features of the blockchain and provides their brief description. Design In the course of the study, special attention was paid to identifying particular issues in the solution of which distributed ledger technologies can be successfully used. The author makes references to the existing experience of foreign countries in the field of legal regulation of blockchain technology usage in the field of protection of intellectual property rights, as well as points out examples of services and start-ups that successfully operate based on this technology. Findings. The author concludes that blockchain technology can be used to solve a number of problems related to ensuring copyright protection. Originality/value The examples of blockchain use for specific intellectual property objects protection provided by the author of the article can be implemented in Russia as part of the implementation of the national program «Digital Economy of the Russian Federation».
Economic Problems and Legal Practice. 2019;15(5):144-148
pages 144-148 views

BANKING MONITORING OF SUSPICIOUS AND UNUSUAL TRANSACTIONS: LEGAL ASPECT

Alekseeva D.

Resumo

The article is devoted to the problems of legal qualification of suspicious and unusual transactions of clients in the framework of banking monitoring. The legal regulation of this issue in Russia is extremely insufficient and contradictory. It is based on a number of international documents [2], but does not take into account the basic terms and procedures. This is partly due to the significant adaptation of terrorists to existing norms, the development of new schemes for committing illegal actions, the danger of this phenomenon is noted by many researchers [8]. As a result, tension is created in the financial market, the confidence of entrepreneurs in the banking system falls, and the control of suspicious and unusual transactions is carried out inefficiently. The article identifies the main problems that prevent banks from adequately performing their functions of monitoring operations subject to mandatory control. This is the lack of a clear and understandable system of definitions, gaps in the law and contradictory recommendations of the Bank of Russia, the lack of clear procedures for mandatory control and low financial literacy of entrepreneurs themselves. This leads to the emergence of contradictory judicial practice, when in identical circumstances, the courts make different decisions. The paper proposes to develop a clear system of concepts and procedures of mandatory control, to develop the doctrine of banking monitoring in order to counter the legalization of proceeds from crime and the financing of terrorism, to improve the financial literacy of entrepreneurs. This will allow to achieve a balance of public interests of the state and private interests of business. The article has practical significance. The stated conclusions and proposals can be the basis for new regulations governing the issues of mandatory control. In the course of the research General scientific methods such as analysis and synthesis, deduction and system, as well as private scientific methods: legal modeling and comparative legal were used. The article can be useful for representatives of banks and financial institutions, the Bank of Russia, businessmen, scientists and students, as well as all those interested in this problem.
Economic Problems and Legal Practice. 2019;15(5):149-154
pages 149-154 views

LEGAL REGULATION OF THE IMPLEMENTATION OF BANKING PRODUCTS AS AN ENTREPRENEURIAL STRATEGY OF A MODERN BANK

Vengerovsky E., Zalyubovskaya N.

Resumo

A task. Identification of the features of legal support for entrepreneurial activity of a modern bank. Model. The article considers the functioning model of a modern bank, taking into account the characteristics of the formation of competitive relations in the context of innovation. Findings. According to the research results, the features of regulation of the bank's activity in the conditions of innovative development were identified. Currently, in commercial activities there is financial and credit support, which ensures the quality of the main factors of their competitiveness in the financial market. First of all, the regulatory framework of the Collective Security Treaty Organization determines the importance of ensuring the unified standards in the field of cybersecurity.
Economic Problems and Legal Practice. 2019;15(5):155-157
pages 155-157 views

ON THE ISSUE OF CONSIDERING COMPLAINTS FROM CONSUMERS OF FINANCIAL SERVICES BY A FINANCIAL AUTHORIZED REPRESENTATIVE

Ruchkina M.

Resumo

Some provisions of the Federal Law «On the Commissioner for the Rights of Consumers of Financial Services» are analyzed, its individual shortcomings are identified, the use of valuation concepts in the Law is noted, a comparative legal analysis of the Law and civil procedural law is carried out.
Economic Problems and Legal Practice. 2019;15(5):158-161
pages 158-161 views

ON THE DEVELOPMENT OF SMALL AND MEDIUM-SIZED BUSINESSES IN THE RUSSIAN FEDERATION

Kostyleva G.

Resumo

Purpose. The purpose of this study is to consider the relations arising between legal entities, individuals, public authorities of the Russian Federation, public authorities of the subjects of the Russian Federation, local governments in the development of small and medium-sized businesses, to identify factors that have a positive and negative impact. Design / methodology / approach. This article examines the implementation of the provisions of regulatory legal acts and their implications for the development of small and medium-sized businesses in Russia. The prospects for further development of the study are to form an understanding that small and medium-sized enterprises are one of the main elements of the socio-economic system of the subject of the Russian Federation, since enterprises are involved in both economic and social transformations, providing a significant contribution to the formation of the gross regional product and employment. Findings. Thus, having analyzed the development of small and medium-sized businesses in Russia, the author believes that in order to stabilize the development of this sector of economic activity, it is necessary to make adjustments to the Federal law of 24.07.2007 No. 209-FZ «On the development of small and medium-sized businesses in the Russian Federation» in terms of creating a legal basis for the development of business angels and other specialized institutions; simplify tax reporting for all categories of small and medium-sized businesses, regardless of the applicable tax regime; redistribute tax revenues of small and medium-sized businesses in favor of the subjects of the Russian Federation, taking into account the real needs of small and medium-sized businesses; simplify the liquidation procedure. In addition, it is necessary to remove administrative barriers to the effective development of small businesses in the Russian Federation, to increase the role of the banking sector in financial and credit support for small and medium-sized businesses. Originality / value. The prospects for further research are to provide an opportunity to determine the direction of development of legal institutions and to form recommendations for improving public policy in relation to small and medium-sized businesses. The inconsistency of regulatory legal acts regulating this sphere of economic activity of small and medium-sized businesses causes significant damage primarily to the economy of the state.
Economic Problems and Legal Practice. 2019;15(5):162-166
pages 162-166 views

RESTRICTION OF MONOPOLIES IN THE COMMODITY MARKET IN THE LIGHT OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Narutto S.

Resumo

The purpose of this article is to substantiate the principles that must meet competition, from the standpoint of interpretation by the Constitutional Court of the Russian Federation of the provision on the prohibition of economic activities aimed at monopolization and unfair competition. Legal regulation and enforcement in the sphere of commodity markets should be guided by the balance of public and private interests, preventing the occurrence of negative social and economic consequences due to violation of antitrust legislation. Methodology. The article widely uses as empirical material the legal positions of the Constitutional Court of the Russian Federation concerning the restriction of monopoly and unfair competition, as well as doctrinal legal studies in this area. Normative legal acts are analyzed using the method of legal argumentation. Summary. Necessity of definition of criteria of efficiency of satisfaction by subjects of natural monopolies of demand in the corresponding commodity market is proved. It is proposed to define the term «public interest» at the legislative level. Value. The value of the study is seen in the proposals formulated by the author to improve the legislation restricting monopolies, focusing on the values expressed in the legal positions of the Constitutional Court of the Russian Federation.
Economic Problems and Legal Practice. 2019;15(5):167-169
pages 167-169 views

PROPERTY COMPLEX - OBJECT OR SUBJECT OF RIGHTS?

Pavlov V.

Resumo

The paper analyzes the place of the property complex (article 132 of the civil code) in the system of the Civil code of the Russian Federation. Conclusions about the presence of signs of the subject in this category referred by the legislator to the objects of rights are substantiated. Based on the analysis of the notion of «property» in domestic and foreign civil law, the conclusion is incorrect use of the domestic legislator of the term «property» is hindering the unification of the conceptual apparatus commercial activity in the conditions of development of the world trading system. The results of the study can be used theoretically to eliminate contradictions in the conceptual apparatus of civil law, which in practice will facilitate the process of unification of civil law in the field of international trade. The originality of the work lies in the systematic approach to the analysis of the problem, including historical, structural and functional methods of research of the category «enterprise».
Economic Problems and Legal Practice. 2019;15(5):170-173
pages 170-173 views

ON THE REFORM OF MUNICIPAL UNITARY ENTERPRISES

Battalova L.

Resumo

Purpose. The article aims to analyze the modern reform of municipal unitary enterprises, which involves their liquidation or reorganization with the transition to private business of municipal property. The article offers an analysis of the consequences of the introduction of the draft law «on amendments to certain legislative acts of the Russian Federation (regarding the establishment of a ban on the creation and implementation of unitary enterprises)» currently under consideration in the State Duma. Methodology. To study the prospects of reorganization and liquidation of municipal unitary enterprises, the following methods are used: dialectical, analysis, synthesis, modeling, statistical, formal legal, etc. Summary. The author, noting the existing disadvantages of such an organizational and legal form as a municipal unitary enterprise, is convinced that the transformation of unitary enterprises into state institutions proposed by the Government on the basis of FAS proposals or their privatization will not lead to financial recovery and increase the competitiveness of municipal unitary enterprises, since their sphere of activity is social, focused on profit extraction, and on meeting the vital needs of the population of municipalities. This system is costly and can exist only with state and municipal budget support. The results of the study are designed to prove the impossibility of reforming municipal unitary enterprises without modernization of municipal infrastructure and housing facilities.
Economic Problems and Legal Practice. 2019;15(5):174-176
pages 174-176 views

ISSUES OF UNIFICATION OF THE CONCEPTUAL LEGISLATION OF THE CONCEPTUAL LEGISLATION

Romashkova I.

Resumo

The article discusses the classification of legal entities depending on the rights to the property of the organization, as well as the basic terms of cooperative legislation that determine the legal regime of cooperative property. The classification of legal entities and the grounds for such a classification are analyzed. Changes in the provisions on legal entities are identified in connection with the introduction of the concept of «corporate legal entity». The author compares the definitions of «share», «share contribution» and «stock accumulation» from the standpoint of the rights of members of a cooperative to cooperative property. In conclusion, it is concluded that it is necessary to systematize the conceptual apparatus of corporate legislation in order to clarify the scope of property rights of participants in consumer cooperatives and protect their rights.
Economic Problems and Legal Practice. 2019;15(5):177-179
pages 177-179 views

LEGAL RELATIONS ARISING FROM CONTRACTS CONCLUDED REMOTELY: CRITERIA OF OBSERVANCE OF WRIITEN FORM OF TRANSACTION

Bodilovskiy A.

Resumo

The article is concerned with the analysis of the latest changes in Civil code of Russian Federation. In this article you can find specifics remote form of the contract, it’s criteria and correlation with written form of the contract. The article provides evidence of the necessity of further scientific research and legislative regulation of matters concerning criteria of remote form of the contract.
Economic Problems and Legal Practice. 2019;15(5):180-181
pages 180-181 views

LEGAL PRINCIPLES OF TAX PROCESS

Berezin M.

Resumo

This article defines legal principles of the Russian tax process based on the peculiarities of tax process as the type of legal process. The author outlines the contents of each principle taking into account processes of imposing and enacting new taxes, carrying out tax control activities, making tax decisions and challenging them. The article focuses on the legal meaning and aims of the analyzed principles, reveals legal guarantees secured by implementing these principles, offers perspectives of enhancing the role of the row of the discussed principles in light of priority of taxpayers’ economic rights and freedoms.
Economic Problems and Legal Practice. 2019;15(5):182-186
pages 182-186 views

DIGITAL ASSETS AS AN OBJECT OF FINANCIAL LEGAL RELATIONS

Lapina M., Patrikeev P.

Resumo

In Russia and abroad, intensive legislative measures are being taken in relation to digital objects in order to regulate them from the financial and legal standpoints, and in order to determine their place in national legal systems. The article reveals the issues that are cornerstone for any approach to the analysis of legal institutions that regulate modern law: What is defined as a digital financial asset (more broadly - a digital asset) in modern legal systems? What are the key issues of legal regulation of such assets that the legislator is currently facing in Russia and the world? The analysis of laws and bills revealed the conceptual contradictions contained in them. The authors, using Russian and foreign sources, carried out a general analysis of the basic concepts of legal regulation of digital financial assets. As a result, significant differences were revealed in the approaches of various legislators in Russia and a number of other countries, and their analysis and comparison were carried out. The authors conclude that Russia has not yet defined a clear State financial policy and has not created a legal mechanism for State regulation of digital assets and digital financial assets. The novelty of the article is to justify the need for legislative introduction of a comprehensive concept of digital financial assets using the example of foreign legislation. A legislative consolidation of the concept of digital assets, which includes the concept of digital financial assets (cryptocurrencies, tokens) as one of the varieties, but which also opens up the possibility of legal regulation of other types of digital assets (for example, domain names, virtual values in online games) that currently exist or may appear in the near future was scientifically substantiated and proposed. The practical significance of the work lies in the formulation of recommendations when developing legislative proposals for introducing the concept of «digital financial asset» into the legislation.
Economic Problems and Legal Practice. 2019;15(5):187-190
pages 187-190 views

LEGAL BASIS FOR THE FORMATION OF A SINGLE DIGITAL SPACE IN THE TERRITORY OF REGIONAL ASSOCIATIONS (EU, BRICS, SCO, ETC.) IN ORDER TO IMPLEMENT THE BEST PRACTICES IN THE LAW OF THE EAEU

Demchenko M., Dakhnenko S.

Resumo

Objective. The purpose of writing a scientific work is to study the legal basis for the formation of a single digital space in the territory of regional associations (EU, BRICS, SCO, etc.) to develop proposals for the implementation of best practices in the EAEU law. This topic has not received wide coverage in the legal literature, since a comprehensive analysis of the legal regulation of the formation of a digital space in the territories of existing regional associations has not been carried out as a whole. The work examines international sources, which are the basis for the formation and functioning of the digital space, separately discusses the legal framework in the digital sphere within the framework of the EU, BRICS, SCO, APEC, EAEU, draws conclusions on improving the regulation of the legal relations under consideration within the EAEU. Conclusions - by examining the legal foundations of the formation of a single digital market of the EAEU, the authors noted that at the moment regulatory acts very fragmentarily regulate the group of relations under study. The most successful experience in the legal regulation of relations in the digital economy is demonstrated by the European Union, the law of which defines a definitive apparatus, classifies objects of a single digital market, and contains unified rules for trading digital assets. The APEC experience in the field of personal data protection also deserves a positive assessment. Practical significance. The results of the work can be used to improve the regulation of the legal framework for the formation of a single digital space within the EAEU. Originality / value. Conclusions and suggestions can be used in the practical activities of the Ministry of Industry and Trade of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation.
Economic Problems and Legal Practice. 2019;15(5):191-197
pages 191-197 views

METHODOLOGICAL AND THEORETICAL FOUNDATIONS OF THE STUDY OF PRINCIPLES OF LAW (FOR EXAMPLE, CRIMINAL PROCEDURE LAW)

Petrakova S.

Resumo

Purpose. Under conditions of development of the rule of law, the constitutional principles of law in criminal procedure acquire fundamental importance because they determine the values and rules of conduct of legal subjects. Despite the fact that all participants of public relations understand the high value of principles of law, their legal enforcement potential is not fully realized as a practical matter; therefore, it is necessary to continue research in order to identify their institutional failure in time. Methodology and Approach. In this article, the basis of the analysis of the general legal (constitutional) principles of law are the methodology of systems analysis, normativism, and the theory of the rule of law. Results. The methodology and theory of system analysis, normativism, and the theory of the rule of law allowed us to deeply explore such principles as legality, competition, and the presumption of innocence and respect for the honor and dignity of the individual. The principles under study are methodological and systemic in their legal nature. They find positive implementation in the basic law of the state as a whole and in criminal procedure law. Originality and Value. Principles of law are always a topical subject of research because the evolution of society is accompanied by a change in the value attitudes of participants in social relations and, consequently, a change in the principles of law. In legal science, various methodological and theoretical concepts are used to study the principles of law. Various interpretations of legal scholars are associated with the clarification and development of the principles of law. The article is recommended for students in the field of law, teachers, and everyone interested in the theory of state and law.
Economic Problems and Legal Practice. 2019;15(5):198-202
pages 198-202 views

LEGAL STATUS OF INFORMATION PROVIDER (CONFLICTS OF LAW)

Stepanova V.

Resumo

The article is devoted to the problem of the identification of a person as a provider of information that arose due to a violation of the principle of scientificity in the process of developing Federal Law of July 21, 2014 N 209-FZ «On the State Information System of Housing and Communal Services». In the framework of the article, an attempt has been made to conduct a comprehensive analysis of norms in diverse industries in order to determine who the information provider is.
Economic Problems and Legal Practice. 2019;15(5):203-205
pages 203-205 views

PARTICIPATION OF THE STATE AND MUNICIPALITIES IN PROCUREMENT PROCEDURES ON ELECTRONIC TRADING PLATFORMS

Skvortsova T., Nesterova N., Taganova A.

Resumo

This article is devoted to the study of the participation of the state and municipalities in the organization and conduct of procurement procedures on electronic trading platforms. The procedure of bidding in electronic form for the purpose of concluding a state (municipal) contract for the supply of goods for state (municipal) needs is analyzed. According to the results of the study, the authors propose ways to improve the current legislation.
Economic Problems and Legal Practice. 2019;15(5):206-209
pages 206-209 views

RECOGNITION OF INTERNATIONAL ECONOMIC SANCTIONS AS FORCE MAJEURE

Nesterova T., Kochnev A.

Resumo

The article considers the question of when international economic sanctions may be recognized as force majeure. The authors analyze the court practice on this issue. On the basis of this analysis, the authors identified the factors that the courts take into account when considering cases involving international economic sanctions. It has been revealed that such factors include: the time when obligations arise and the time when sanctions are imposed; evidence of a causal link between the imposition of sanctions and the failure to properly implement the obligation; adoption by the debtor of reasonable actions for prevention and elimination of negative consequences.
Economic Problems and Legal Practice. 2019;15(5):210-213
pages 210-213 views

NOTARIZATION OF FAMILY LAW TRANSACTIONS

Nesterova T.

Resumo

The article is devoted to topical issues related to notarization of family law transactions. Conclusions are drawn about the existence of family-law transactions, these transactions are separated from civil law, recommendations for improving the legislation are made.
Economic Problems and Legal Practice. 2019;15(5):214-217
pages 214-217 views

LAW OF OPERATIONAL MANAGEMENT AS A FORM OF IMPLEMENTATION OF PROPERTY LAW

Malaya T.

Resumo

The article considers the relationship between the capabilities of subjects of law of operational management and subjects of property law in relation to property transferred to operational management of governmental enterprises and institutions. The author came to the conclusion that the content of the operational management right is the same for all its owners and includes three powers: possession, use and disposal. However, the scope of powers and responsibilities of these persons differs. It depends on the category of holders of the right of operational management and on the type of facilities included in the property under operational management.
Economic Problems and Legal Practice. 2019;15(5):218-220
pages 218-220 views

ENFORCEMENT MEASURES FOR CHILD SUPPORT IN USA

Ivanovskaya N.

Resumo

Ensuring a high standard of living for children is the obligation for parents, in spite of their marriage status or child status (extramarital child). The problem of child support is the international case with no limits and frames. This explains the author’s interest in researching the application of law in this area in the United States, based on the fact that the legal system of this country is different from the domestic legal system. The article discusses usage of the enforcement measures for child support in USA. The author analyzes historical aspects that have influence on the formation and development of the enforcements of child support. Based on the analysis of law enforcement practice, articles and research literature practical problems of usage of the enforcement actions were identified.
Economic Problems and Legal Practice. 2019;15(5):221-223
pages 221-223 views

DISPUTE CHILD SUPPORT AGREEMENTS FOR MINORS

Artemyeva Y.

Resumo

Fulfillment of maintenance obligations is an urgent problem in the Russian Federation. The establishment in Russian legislation of the possibility of contractual regulation of parental obligations is a significant step to increase not only guarantees for the rights of minor children, but also increase the responsibility of parents in determining issues of material support for children. However, recently this type of agreement is increasingly used in various kinds of schemes, allowing to evade the performance of debt obligations. Uncertainty in the legal regulation of child support agreements for minors entails conflicting judicial practice and creates legal uncertainty and violates the rights and interests of children. The article analyzes the problems that arise when challenging child support agreements, determines the circumstances that are essential for invalidating the agreements.
Economic Problems and Legal Practice. 2019;15(5):224-227
pages 224-227 views

PROHIBITION ON USE OF NAMES OF FOREIGN STATES IN A BUSINESS ORGANIZATION’S NAME, AS WELL AS WORDS THAT ARE DERIVED FROM SUCH NAMES

Kochkurova K.

Resumo

The article is devoted to the consideration of one of the prohibitions enshrined in civil law (clauses 1 to 4 of article 1473 of the Civil Code of the Russian Federation) regarding the use of names of foreign states in a business organization’s name, as well as words that are derived from such names. The author analyzes the legal regulation of this issue and comes to the conclusion that it is necessary to amend the current legislation in order to fill the gap in the law. The article also analyzes the jurisprudence regarding the consequences of violating the ban. The analysis is carried out and the sequence of actions of the tax authority is revealed in case of violation of the prohibition in question, both during the registration of the organization upon creation and after making an entry in the register. The provisions formulated in the article disclose and develop the idea of the corporate name of a legal entity; the author identifies problems in the law enforcement sphere and in judicial practice; also suggested ways to improve legislation in this area of legal relations.
Economic Problems and Legal Practice. 2019;15(5):228-232
pages 228-232 views

ACTUAL PROBLEMS OF COUNTERACTION TO ILLEGAL BUSINESS IN RUSSIA

Mordukhaev M.

Resumo

This article discusses current issues and problems in the field of entrepreneurship in Russia in the current market economy. As the purpose the author has chosen the opportunity to develop ways to solve the problems of application of responsibility for illegal entrepreneurship. It was found that the number of cases of the crimes in question and their share in the shadow economy has increased rapidly, which poses a threat to financial security of government. The author proposed various ways to eliminate the problems.
Economic Problems and Legal Practice. 2019;15(5):233-236
pages 233-236 views

INTERNATIONAL PRACTICE OF SETTLEMENTS WHEN BUYING REAL ESTATE AND ITS IMPLEMENTATION IN THE RUSSIAN JURISDICTION

Manaenkov K.

Resumo

Transactions in the real estate market are accompanied by a significant financial flow, in connection with which the purchase and sale of real estate, including foreign real estate, is subject to taxation in the amount and manner provided by the legislator. The specific of this market provokes the establishment of special procedures for collecting tax payments from the real estate transactions, its sale, receipt of dividends for residents and non-residents of the Russian Federation. This article considers the possibilities of improving the mechanisms of functioning of such payment instruments as documentary letter of credit and escrow account for the purchase of real estate (especially foreign). The current system of functioning of these instruments does not always correspond to the current level of development of information technologies, as well as the experience gained in their integration into the business processes of financial institutions. The use of innovations that can reduce the cost and speed up existing settlement instruments is an urgent task. In the article the author formulates the problems residing in the documentary credit, the author also conducts a study of possible improvements to existing finance tools, indicating possible ways of improvement, provides a brief description of the arrangements for the operation of the instrument.
Economic Problems and Legal Practice. 2019;15(5):237-240
pages 237-240 views

LEGAL REGULATION OF THE USE OF BIOMETRICS IN THE BANKING SECTOR AND THE PROBLEMS OF ITS PROTECTION

Vasiliev T.

Resumo

The main objective of this article is the analysis of the main sources of banking law, the research of the legal regulation of the use of biometric data in the banking market. As a result of the study, the author has come to the conclusion that it is necessary to continue to develop legislation in the field of biometrics in the banking sector for the further development of biometric technologies in our state and their reliable protection. This article might be useful for looking at the problem described in it from the practical side and serving as a catalyst for solving the problems raised. In particular, the article will be useful from both: theoretical and practical point of view for specialists in the field of law and other sciences.
Economic Problems and Legal Practice. 2019;15(5):241-244
pages 241-244 views

THE DEVELOPMENT OF BIG DATA TECHNOLOGY IN THE RUSSIAN BANKING SECTOR

Kuznetsov D.

Resumo

Purpose. This article discusses the essence and principles of the use of big data technology in the banking sector; development prospects and dissemination of the use of big data technology by banks. Task. The objective of the research work is to determine the practical significance of the application of big data technologies and to consider the prospects for the dissemination of these technologies in the banking sector. Practical value. Today, big data technologies are gradually being applied in various areas of credit organizations activity. Taking in consideration the rapid increase of information which is generated in advance or appearing in the process of servicing customers by banks, the question of the need to work with a huge amount of data is becoming increasingly relevant. Social impact. The increasing role of the big data technologies application brings the process of building up the activities of a credit organization to an absolutely new level. With an increase in the volume of processed data, the role of their protection and storage increases. Originality / Value. This work is valuable for students of legal, economic and information areas of study.
Economic Problems and Legal Practice. 2019;15(5):245-248
pages 245-248 views

PROBLEMS OF LEGAL REGULATION OF ISLAMIC BANKING IN MODERN CONDITIONS

Sedov P.

Resumo

The main goal of this work is to study the regulation of Islamic banks in the modern world, as well as the possibility of settling such banks in Russia. Based on the results of the work, the following conclusions were made: 1) It is necessary to regulate such banks in the Russian Federation. 2) Islamic banks are actively developing around the world, and this global trend must be taken into account. This can have a positive impact on society, since the Russian Federation is a multinational country, and the emergence of Islamic banks would allow people who practice Islam to use banking services. In addition, the emergence of Islamic banks will lead to the attraction of foreign investment in the Russian economy. The originality of this work lies in the fact that a large analysis of transactions that are most often concluded in Islamic banks was carried out, as well as options for the settlement of these banks in Russia were proposed.
Economic Problems and Legal Practice. 2019;15(5):249-251
pages 249-251 views

SYSTEMICALLY IMPORTANT CREDIT INSTITUTIONS: MEASURES TO IMPROVE FINANCIAL STABILITY

Sharudilov A.

Resumo

In the scientific work, the author considers systemically important credit organizations, their place in the national financial system. Criteria are defined for assigning the status of a systemically significant credit organization. The instruments used by the Central Bank of Russia to increase the financial stability of credit institutions are analyzed, and practical examples are considered. It is concluded that the financial condition of systemically important banks directly affects the development of the national economy.
Economic Problems and Legal Practice. 2019;15(5):252-254
pages 252-254 views

CURRENT FEATURES OF PUBLIC LEGAL REGULATION OF BUDGETARY RESOURCES IN THE MECHANISM OF FISCAL ACTIVITY OF THE STATE

Popov A., Karaev R., Haskhanov A.

Resumo

The article gives a detailed analysis of Russian fiscal policy mechanisms and issues in the field of budget resources administration. The authors have analysed the forms of public budget management, mechanisms of fiscal levies and the feature of control actions. Object of research is the regulatory framework connected with budget management. This direction was explored by H.S. Scott, S.W. Mayson, L.K. Frank, F.Y. Ohemeng. Research objective is to determine the effective mechanism of budget management within the uniform tax concept of fiscal actions. The research of features of budget managment in the mechanism of fiscal administration and control has based on the following methods: formal legal method, methods of law interpretation (functional, logical), legal analysis and forecast. Conclusion: it is established that the existing issues in the field of budget management define the need of development and fixing at the federal level the criteria of the uniform concept of their administration in the mechanism of fiscal activity of the state. Using of the developed by authors theoretical recommendations will allow to cut down budget expenses in the field budget management and also will give the chance to transform separate fiscal actions from the status "hidden" to the status of the "state fee" . These actions will fully promote the establishment of uniform technical policy in the field of budget management.
Economic Problems and Legal Practice. 2019;15(5):255-258
pages 255-258 views

THE PROBLEM OF INEFFICIENT USE OF BUDGETARY FUNDS AS A THREAT TO NATIONAL SECURITY OF THE RUSSIAN FEDERATION

Gerasimova N.

Resumo

The article deals with the problem of efficient use of budget funds as a problem of the national security of the Russian Federation. In particular, special attention is paid to violations committed during the execution of budgets at all levels of the budget system of Russia, as well as to the irrationality of the economic regulation of certain industries and industries. The study is aimed not at identifying the key reasons for the low efficiency of using budget funds in Russia, but at finding ways to use the funds more efficiently within the framework of the already existing situation in the country.
Economic Problems and Legal Practice. 2019;15(5):259-261
pages 259-261 views

SOME ISSUES OF DEFINITION OF TERM OF THE APPEAL TO THE COURT FOR DISPUTES ON MATERIAL RESPONSIBILITY OF THE WORKER

Chiranova I.

Resumo

The article deals with some issues arising in court practice in determining the period during which the employer has the right to file a claim to the employee for compensation for property damage caused to him. Conclusions are drawn about the legal nature of this period, the need to improve labor legislation in determining the rules for calculating the term of the employer's appeal to the court and the circumstances that allow to restore the missed deadline.
Economic Problems and Legal Practice. 2019;15(5):262-266
pages 262-266 views

PUBLIC INTERESTS IN LABOUR LAW

Protopopova I.

Resumo

The article discusses the importance of public legal interest for labor legislation, provides forms of manifestation of public legal interest, factors affecting its formation. The author concluded that the public legitimate interest is expressed through legal norms that define the limits for the realization of the interests of the employee and the employer. The author draws attention to the economic and political factors that influence the formation of public legitimate interest. The article concludes that not all labor law rules allow an employee and an employer to establish a balance of interests, and, above all, long-standing rules of law require a review. Based on an analysis of the norms of the institution of an employment contract, it is concluded that public legitimate interest should establish new rules for changing non-contractual terms of an employment contract. This would soften labor laws and free employers from creating artificial organizational or technological changes in working conditions. The article has both theoretical and practical significance.
Economic Problems and Legal Practice. 2019;15(5):267-269
pages 267-269 views

ENVIRONMENTAL AND ECONOMIC INTERESTS IN THE SEIZURE OF LAND: THE SEARCH FOR COMPROMISE SOLUTIONS

Zhochkina I.

Resumo

The article considers the ratio of environmental and economic, private and public interests in the relations between the owner of the land plot and the subsoil user on the basis of the analysis of law enforcement practice. The conclusions about the need to find a compromise in the field of protection of private property rights to land, while proceeding from the priority of the right to a favorable environment in the adoption and implementation of management decisions.
Economic Problems and Legal Practice. 2019;15(5):270-272
pages 270-272 views

TOWARDS THE QUESTION OF FRAUDSTER IN THE LOAN FIELD

Pomnina S.

Resumo

The issues of tagging of the special fraudster in the loan field are relevant for the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study to ensure the uniformity in legal precedents of the criminal statute established under Article 159.1 of the Criminal Code of the Russian Federation and its preventive opportunity’s implementation. Research methodology: The main categories and concepts analysis intended for the rightful identification of the fraudster acting which take place in financial and credit fields is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the particularities of the design features identification of special fraudster established under Article 159.1 of the Criminal Code of the Russian Federation. Legal scholars and positive and criminal law provisions analysis have allowed to establish the key problems arisen out of the identification of special fraudster in the loan field. Within the framework of this article, a change of the norm wording of Article 159.1 of the Criminal Code of the Russian Federation would be justified by the need to concretize in details the scents of fraudster. The challenge study and the consideration of the provision evidenced in the criminal doctrine and in the case-law of courts made it possible to engineer a change proposal aimed to upgrading of the criminal norm which is responsible for the fraud in the loan field. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.
Economic Problems and Legal Practice. 2019;15(5):273-276
pages 273-276 views

CRYPTOCURRENCY AS A TOOL FOR COMMITTING ILLEGAL TORTS

Tutukov A., Bondar A.

Resumo

The article discusses the problems of crypto currency regulation in the aspect of using mechanisms for committing illegal delicts related to money laundering, financing of terrorism and extremism, tax evasion. Particular attention is paid not only to criminal law, but also to the technological aspects of the functioning of crypto currency mechanisms. Problems in regulating the mechanism of transactions using crypto currencies are highlighted separately. Operationally significant criminogenic directions related to the use of crypto currencies for illegal purposes are disclosed, and relevant summary and conclusion on the topic under study are presented.
Economic Problems and Legal Practice. 2019;15(5):277-280
pages 277-280 views

ABOUT PRACTICE OF APPLICATION OF ITEM 76.2 CC RF «EXEMPTION FROM CRIMINAL RESPONSIBILITY BY IMPOSING THE JUDICIAL PENALTY» (ON THE MATERIALS OF THE BELGOROD REGION)

Arhiptsev I., Aleksandrov A., Lukyanchikova V.

Resumo

In the article offered the reader the authors consider the features of the application practice of item 76.2 CC RF «Exemption from criminal responsibility byimposing the judicial penalty» by courts in the separately taken region of the Russian Federation -the Belgorod region. It is established that the law-enforcement bodies have some difficulties in determining the application possibility of item 76.2 CC RF to the separate corpora delicti. It is brought the offers on enhancement of the penal legislation and its application practice in particular it is indicated the necessity of fastening for the criminal statute the concrete list of crimes in which it is possible the exemption from criminal responsibility on a basis provided with item 76.2 CC RF. And it is also examined the questions of the criminal case termination in connection with the imposition of the judicial penalty in case of the absence of the victim and damage. According to the authors, the developed uncertainty of the application of the given law positions creates a threat of infringement of the basic principles of criminal trial -equalities of citizens before the law and the concept of justice. During the analysis of the problem questions of applyingthe considered rule of the criminal statute the authors were studyingthe scientific approaches to determining the legal nature of the judicial penalty and also the court practice of the Belgorod region.
Economic Problems and Legal Practice. 2019;15(5):281-285
pages 281-285 views

ABOUT THE LEGITIMATE INTEREST IN GETTING THE TRUTHFUL INFORMATION AS THE ADDITIONAL DIRECT OBJECT OF THE CRIME PROVIDED BY CLAUSE 173.1 CC RF

Burtsev A., Arhiptsev I., Lashchenko R.

Resumo

In spite of the fact that the figurehead as the element of a legal design (clause 173.1 CC RF) has appeared in the penal legislation for a long time, his/her legal status is insufficiently specified. Owing to it there is an opinion that despite the actual victim’s position from a crime he/she is not under the penal statute protection. As a result of the conducted analysis the authors of the article bring up a question about the criminally-legal protection of a legitimate interest in getting the objective and truthful information by the person involved in the financial and economic activity contrary to his/her will. As in the analyzed criminal-legal rule the potential of such protection is not provided for by the legislator, the authors make the offer about a criminalization of the act consisting both in the evasion from the message to the person to whom the information is provided and representation of obviously not complete or false information.
Economic Problems and Legal Practice. 2019;15(5):286-289
pages 286-289 views

CRIMINAL AND LEGAL RISKS OF RUSSIAN COMPANIES

Kotova A.

Resumo

Russian companies are significantly affected by various risks. In this article, the author focuses on the study of the criminal legal risks of Russian companies. The purpose of this article is to identify areas for improving the current Russian criminal law in the field of criminal law risk management of companies. Based on the goal, the critical task is to identify imperfections in the Russian criminal law regulating the economic relations of legal entities. The theoretical significance of this study lies in the changes proposed by the author that do not allow the use of offences in common with entrepreneurial (economic) actions.
Economic Problems and Legal Practice. 2019;15(5):290-292
pages 290-292 views

APPROACHES OF THE PERMANENT TECHNICAL COMMITTEE OF THE WORLD CUSTOMS ORGANIZATION TO CREATE DIGITAL CUSTOMS INSTITUTE

Mozer S.

Resumo

Purpose. To detail the activities of the Permanent Technical Committee of the World Customs Organization on the formation of the legal institute of digital customs. Design/methodology/approach The research article is devoted to the issues of improving the instruments of customs regulation within the framework of the functioning of the PTC WCO. The subject of the research is the digital customs institute. It is comprehensively considered the PTC approaches in 2016 in terms of the formation of digital customs as an integrated legal phenomenon under the theme «Digital Customs - Progressive Engagement»: WCO Data Model, Single Window Mechanism, Data Security, modernization of management in customs using information and communication technologies, the Global Customs Network, as well as regional approaches to digital customs. Social implications. The introduction of the digital customs institute in the EEU law and customs regulation as a whole is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning. The results of the study are of interest to the customs block of the Eurasian Economic Commission (EEC), can be used within the organization of the work of the Information Management Subcommittee and the WCO Permanent Technical Committee in the context of the EEC - WCO international customs cooperation. The article is recommended to researchers, as well as experts from the Customs Administrations of the EEU Member States, whose activities are related to the improvement of customs regulation, modernization of the digital customs institute, as well as international customs law. Originality/value. The research material is based on an analysis of the practical aspects of the WCO's activities and is a continuation of scientific and practical publications on the development of the digital customs institute within the framework of the WCO's activities.
Economic Problems and Legal Practice. 2019;15(5):293-300
pages 293-300 views

LEGAL SUPPORT OF THE APPLICATION OF DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION

Shmaly O., Dusakova L.

Resumo

This article is devoted to the issues of legal support for the use of digital technologies in public administration as a condition for creating an effective managerial paradigm and taking into account a value-oriented approach to the organization of society. The current state and prospects for the development of legal support of information support for the functioning of government bodies, on the one hand, about the technologies of their production of information and structuring the information space to meet the needs arising from the socio-economic activities of citizens and organizations, on the other, are analyzed.
Economic Problems and Legal Practice. 2019;15(5):301-306
pages 301-306 views

PROCEDURAL ASPECTS OF PROTECTION PROVIDED BY LAW SECRETS IN ADMINISTRATIVE PROCEEDINGS

Balovneva V.

Resumo

The presented work studies the issues of secrets protection provided by law in the course of an administrative case consideration. Incomplete and unclear regulation of this issue puts in doubt the effectiveness of the provided by the law measures to protect other secrets, including the personal privacy of citizens.
Economic Problems and Legal Practice. 2019;15(5):307-310
pages 307-310 views

FEATURES OF CLASSIFICATION OF TERRITORIAL AUTHORITIES OF FEDERAL EXECUTIVE AUTHORITIES IN THE RUSSIAN FEDERATION

Firsov M.

Resumo

The article is devoted to the theoretical and legal framework of the classification of territorial offices of federal executive authorities. Despite the existing approaches to the classification of federal executive authorities, the classification of territorial offices is insufficiently studied and has significant particular characteristics. The study applies historical, legal and structural-functional methods, which allowed to carry out the classification of territorial offices of federal executive authorities on a wide range of criteria and distinguishing features. The main findings of the study include the lack of a systematic typology of forms of territorial offices. This article is the first research that contains a comprehensive classification of the types of territorial offices of federal executive authorities in the Russian Federation.
Economic Problems and Legal Practice. 2019;15(5):311-316
pages 311-316 views

Este site utiliza cookies

Ao continuar usando nosso site, você concorda com o procedimento de cookies que mantêm o site funcionando normalmente.

Informação sobre cookies