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Vol 19, No 2 (2023)
Theoretical and Historical Legal Sciences
Evolution of the Understanding of Aspects of Authorship Related to the Use of Artificial Intelligence in the United States of America
Abstract
The purpose of the research. The proposed article provides an overview of the aspects of authorship in relation to works containing materials generated by artificial intelligence. They are disclosed by the U.S. Copyright Office in the Copyright Registration Guidance dated March 16, 2023. The understanding of the authorship of such works was formed in US court precedents and is reflected in recent decisions of the USCO regarding works created using artificial intelligence technologies. The USCO continues to monitor new factual and legal changes related to artificial intelligence and copyright. Results. To current date, the requirements for authors have remained traditional, and applicants for copyright registration must orient on historically established relations in this area, even with respect to works containing materials generated by artificial intelligence.
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Possibilities of Neural Networks in Legal Regulation of Land Management and Land Registry
Abstract
The purpose of the research. The article deals with the problems of state regulation of land management relations. The principles of operation of neural networks and individual neural network modules, the possibilities of their application in legal activity are analyzed. The purpose of the study is to identify ways to use modern neural network algorithms to improve legal regulation of land management and land registry, as well as to improve the efficiency of land use. Results. As a result of the research, the author comes to the conclusion that at the present stage of technology development and digitalization, neural networks can be used to analyze data from the Unified State Register of Real Estate and the State Fund of Data obtained as a result of land management, automation of planning and rational use of land, updating of cartographic materials, optimization of land management procedures and reduction of excessive regulation. The author also identifies the features of neural networks, risks and difficulties that need to be taken into account when introducing modern technologies into the process of regulating land management relations.
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Public Law (State and Legal Sciences)
Legal Regulation of Control over the Implementation of Municipal Budgets and Ways to Improve it
Abstract
The effectiveness of legal regulation of control over the execution of municipal budgets and ways to improve it are analyzed. The article notes that, as part of the justification for improving the mechanism of local budget execution, an algorithm for building an internal control system is proposed, and that an internal control system should be created in the municipality that could ensure the least loss of money and material resources at any stage of financial and economic activity.
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Current Problems of the Functioning of the Budgetary System and the Budgetary Arrangement at the Present Stage of the Political Development of the Russian Federation
Abstract
In the proposed publication, the author on the basis of a system-structural approach, methods of analysis and synthesis, logical, doctrinal and analytical interpretation of legal norms, attempts a detailed and multidimensional analysis of the concepts of the «budgetary system of the Russian Federation» and the «budgetary structure of the Russian Federation», which includes the most complete disclosure of the essence definitions under consideration and the allocation of their constituent parts in the context of the current political development of Russia, which implies the strengthening of federalism and the unification of various levels of political and administrative organization into a single system of public authority. The budgetary arrangement is understood as the structure of the Russian budgetary system, within which methods of interconnection and interaction between its constituent elements are established, the budgetary system is understood as the totality of all budgets of public law entities on the territory of the Russian Federation, including the budgets of extrabudgetary funds. It is established that the budgetary arrangement is an integral property of the budgetary system, due to which the interaction between the elements of the budgetary system of the Russian Federation is organized. The author names the main elements of the budgetary structure such as the three-level structure, the sovereignty of the budgets of state extrabudgetary funds, the hierarchy of legal forms of budgets in the Russian Federation, the temporality of the financial year. It is noted that on the one hand the budgetary arrangement of the Russian Federation characterizes the very structure of the budgetary system of the Russian Federation, and, on the other hand, bears the imprint of federalism as the fundamental political principle of building a federation as a form of government It is suggested that the three-level structure of the budgetary arrangement should in no case be used by regional and municipal authorities for legal, political and economic isolation from the federal center. In conclusion, it is deduced that the budgetary system, being an integral part of budget law and being an institution of budget law, in terms of the volume of regulated relations and the array of legal norms goes far beyond the institution, being a meta-institution of budget law.
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Problems of Implementation of State Financial Control in the Fuel and Energy Sphere in the Conditions of Unfriendly Actions of Foreign States
Abstract
The article discusses the development trends of the domestic system of state financial control in the fuel and energy sector. The current problems of law enforcement practice and problematic aspects of the implementation of state financial control in the fuel and energy sector, taking into account existing special economic measures, and conceptual approaches to regulating state financial control in the field of ensuring compliance by persons operating in the fuel and energy sector with enforcement measures (counteracting) aimed at ensuring the financial stability of the Russian Federation. The conceptual result of the study is the development of proposals for improving domestic legislation related to the establishment of a new type of state financial control—compliance with measures of influence (counteraction) aimed at ensuring financial stability and legal mechanisms for its implementation.
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Accordance with the Requirements for Environmental Protection in the Formation of Land Plots
Abstract
The article deals with some issues of legal regulation of the formation of land plots from publicly owned lands. More particularly, the influence of such formation of land plots on the environment is analyzed. Particular attention is paid to the formation of forest plots, land plots within specially protected natural areas, as well as within the borders of resort areas.
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Private Law (Civil) Sciences
On the Issue of Supporting Entrepreneurship as a Condition for Stable Economic Development
Abstract
In the modern world, there is a trend of comprehensive development of entrepreneurship. At the moment, state policy should be aimed at the development of the national economy and the domestic market, as well as the formation of the results of digital transformation in the business sector. Such actions on the part of the state include: the introduction of digital transformation through existing vertical management structures to increase the demand for digital technologies; improvement of the business climate in general and investment in particular; targeted development initiatives to increase the demand for innovation; preferences in technology procurement and incentives for market participants to purchase. Initiatives to strengthen the confidence of the business community and citizens in the digital economy are also important. The author believes that in the context of entrepreneurship in the development of the digital economy, the organization of activities is considered within the competence of the entrepreneur, which allows to achieve maximum profit with minimal costs, but only with the help of digital technologies it is possible to create high-tech goods and services necessary for society. The author in the article analyzes the current national legislation on state support of entrepreneurship, considers the project «Digital Technologies» and the programs of measures to support entrepreneurship created within the framework of this project, as well as the technologies used. The author notes that the use of digital technologies has become more relevant in modern society, without which many entrepreneurs cannot imagine their existence. It is worth noting that today the legislation on business support is undergoing intensive development, which often leads to both gaps and conflicts of legal regulation.
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Genesis and Legal Essence of the Institution of Abuse of Law
Abstract
The presented article reveals the theoretical aspects, as well as analyzes the historical development of the institution of abuse of law. The author analyzes various approaches to understanding the legal nature of abuse of law. An attempt is made to identify the main signs of abuse of law. The paper offers possible solutions to controversial issues. Special attention is paid to the scientific understanding of circumvention of the law as a special form of abuse of law. The subject of the study of this work is the norms of civil law, fixing the category of abuse of law, as well as a set of problems related to the definition of the concept, features, forms, types, legal consequences of abuse of civil rights. The purpose of the work is a theoretical analysis of the history of origin, essence, characteristic features and features of the phenomenon of abuse of civil law. In the course of the research, private scientific methods adopted in legal science were used: formal-legal, historical-legal, comparative-legal methods of cognition. As a result of the study, the authors conclude that the abuse of law should be considered as a complex legal phenomenon, namely a special civil consequence (a systemic protective measure). The essence of the civil nature of the category of abuse of law is not in the legal assessment of the behavior of the subject, but in achieving the goals of law, its social significance. Unfair exercise of subjective civil rights is a type of illegal behavior that violates the principles and purposes of law.
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Problems of Family Law at the Present Stage: Their Influence on the Practice of Applying Norms Aimed at Protecting the Family and Childhood
Abstract
Purpose of the study. The article deals with the problems caused by the lack of certainty in the content of the rules of the family type, arising from the insufficient development of the basic categories of family law. Their absence or underdevelopment leads to defects not only in family norms, but also forms an incorrect practice of their application, which does not allow for effective protection of participants in family relations, including children. The author comes to the conclusion that the imperfection of the norms can be eliminated through theoretical research and legislative decisions aimed at enriching the categorical apparatus of family law, as well as through the active use of fictions and presumptions in the field of family relations, which will eliminate the emerging gaps in their regulation and ensure uniform the use of the same terms in meaning, but different in meaning.
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Conflict of Laws Regulation of Family Relations with a Foreign Element
Abstract
The article examines the prospects for the development of regulation of family relations with a foreign element by conflict of laws rules. Today, in the context of changing directions of global leadership, the aggravation of both economic and military confrontation, the deterioration of international relations, the division of states into hostile camps, a radical restructuring is needed in the sphere of regulating family relations, which people from different countries enter or have previously entered. The purpose of this study is to determine trends in the modern conflict regulation of family relations complicated by a foreign element. The author shows that the massive use of modern communication opportunities and movements around the world naturally leads to the establishment of transnational family relations, which, due to their properties, require special legal regulation. The author explores the basic approaches formed by the theory of law and practice in the regulation of family relations with a foreign element. The reasons why the conflict-of-laws regulation of family relations in the Russian Federation remains one of the most difficult and problematic for law enforcement are given. The author reveals the main problems of conflict-of-laws regulation of family relations in the Russian Federation, which hinder its effectiveness. Specific ways of solving these problems are proposed. Assumptions are made about the main directions of the future conflict regulation of family relations with a foreign element.
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Current Problems of Recovery of Aliment in Favor of Minor Children
Abstract
Formulation of the problem. The article deals with the problems associated with the recovery of alimony for minor children. It is stated that with all the variety of repressive measures used against the non-payer, the problem of collecting alimony remains relevant. Currently, we can say that there are many unresolved issues and gaps in the legislative regulation of the institution of alimony obligations that require prompt development. Target. Conduct a study of the legal regulation of relations for the recovery of alimony, identify current problems in this area and offer recommendations for their resolution. Conclusions. The analysis of existing problems was carried out and measures to overcome them were formulated.It has been established that alimony is a legal institution that allows you to protect the rights of children and disabled family members. It is proposed that in order to eliminate problems, it is necessary to resolve the issue of reducing the amount of responsibility, replacing real imprisonment with alternative punishments provided for by the current legislation.
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On the Question of the Use of Folklore in Musical Works
Abstract
The article analyzes the doctrinal positions regarding the concept of a musical folklore work and the approaches of the legislator to the ways of using a work of musical folklore. The subject of the study is the theoretical and practical aspects of the protection of rights to works of musical folklore. Such ways of using folklore in musical works as quoting works of folk art as part of the author's musical composition and creating original musical works based on folklore are considered. It is concluded that the use of musical folklore by quoting is essentially impossible and leads to the creation of a new musical work, which can be considered as a composite (if the folklore work has not been processed and was included in the composition of the new work without changes) or as a derivative (if the folklore work has undergone significant changes in the form of arrangement, processing, etc.). In order to commercialize and protect the rights to folklore works, it is proposed to systematize musical folklore works by creating a database of such works. The conclusion is made about the need for paid use of musical works of folklore, except in cases of non-commercial use by citizens of the country in whose territory such works were created. The received funds are proposed to accumulate in a special fund for the protection of the cultural heritage of indigenous peoples and communities. It is concluded that it is necessary to apply the norms on the protection of personal non-property rights in relation to folklore works. The holders of such rights are proposed to recognize the community within which the work was created.
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Legal Regulation of Geographical Indications in India
Abstract
In connection with the appearance of geographical indications in the Russian Federation, it becomes necessary to study the legal regulation of this means of individualization in other jurisdictions. This article deals with the regulation of geographical indications in India, as one of the first countries in Asia to introduce geographical indications. The article reveals the features of the legal regulation of geographical indications in India. The main features and procedure for registration of geographical indications in India are investigated. The article highlights the key decisions of Indian judicial practice related to geographical indications.
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Development Trends and Main Problems of Social Entrepreneurship in Russia: Legal Aspect
Abstract
The article examines the legal regulation of social entrepreneurship as an independent institution of entrepreneurial law in modern Russia. The development trends, the meaning and functions of social entrepreneurship are analyzed. Social entrepreneurship is differentiated from other related institutions. The purpose and special role of social entrepreneurship for the Russian economy at the present stage are indicated. The special importance of social entrepreneurship for solving social problems is noted. It is argued that social entrepreneurship is a new type of entrepreneurial activity in the Russian Federation. At the same time, the main objectives of the activities of social enterprises in modern Russia and those problems of socio-economic development that can potentially be solved through social entrepreneurship are named. The article highlights the features of this type of entrepreneurial activity. The problems of enterprises in obtaining social status are indicated, ways of their solution are indicated. Proposals have been put forward to introduce appropriate amendments to the current legislation in order to improve law enforcement in the field of social entrepreneurship. Conclusions The status of a social enterprise is controversial. At this stage, there are many contradictions in the legislation of the Russian Federation in the regulation of social enterprises. Including for this reason, the status of social enterprises is uncertain, this situation leads to the formation of contradictory law enforcement practices.
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Problems of Healing a Void Transaction in Non-Compliance with the Notarial Form
Abstract
The article deals with the problem of convalidation of a transaction in case of its invalidity due to non-observance of the notarial form. There is considered the expediency of healing an insignificant transaction in case of non-compliance with the notarial form. The article uses foreign and domestic experience to solve such problems.
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Criminal Law
Investigation of Bribery of an Arbitrator (Arbitration) Judge: Some Questions of Theory and Practice
Abstract
This article discusses typical problems that arise during the investigation of the corpus delicti provided for in Article 200.7 of the Criminal Code of the Russian Federation—«Bribery of an arbitrator (arbitration) judge». The author comes to the conclusion that there is currently no unified judicial practice of applying responsibility for this corpus delicti, which is due to the high level of latency of the socially dangerous act under consideration. At the same time, in modern conditions of the development of civil society, the institution of arbitration in domestic legal practice also acts as a poorly studied and rarely applicable legal phenomenon, which is reflected in reports on the statistics of cases under consideration by involving an arbitrator (arbitrator). The author analyzes the points of view available in the doctrine and formulates his own position aimed at improving the quality of the application of the methods of investigation of bribery of an arbitrator (arbitrator), taking into account the special economic and legal development of Russia at the present stage.
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Criminalistic Features of Tax of Crimes and their Accounting in the Activities of the Investigator
Abstract
Revealing and disclosure of crimes committed in the sphere of taxation, in most cases, is associated with significant difficulties. This requires knowledge by law enforcement officers of the characteristic features of tax crimes, the ability to compare typical features with specific circumstances indicating the possible commission of these crimes, the use of this initial information to more accurately determine the main directions of the investigation of a tax crime and the choice of effective means and methods of proving the guilt of a particular person, guilty of doing it. Underestimation of these circumstances entails negative consequences in exposing those responsible for non-payment of taxes. In this regard, it is necessary to purposefully study the signs of tax crimes, their systematization, generalization and analysis in order to form an information-cognitive model of these acts and use the information obtained in the investigation of crimes committed in the sphere of taxation.
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Gaps in Criminal Law Related to Ensuring the Powers of Officials of Preliminary Investigation Bodies
Abstract
The article discusses certain aspects of criminal law aimed at ensuring the powers of officials of the preliminary investigation bodies. In particular, arguments are given about the need to consolidate in the criminal law responsibility not only for illegal acts related to obstructing a full, objective and comprehensive investigation conducted by investigators and interrogators, but also obstructing the procedural activities of the head of the investigative body, the head of the body of inquiry and the head of the unit of inquiry. It is also substantiated that the acts in question are subject to criminalization if they are committed at the entire stage of pre-trial proceedings.
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Modern Cybercrime and Problems of its Prevention
Abstract
The purpose of the author's research is the analysis of the most urgent problems, which are associated with the emergence and the development of cybercrime in modern Russia, while the author focuses on the issues of counteracting this type of crime by means of criminal legal tools. The given article investigates the status of cybercrime and states that this type of crime is changing not only quantitatively, but also gets new qualitative nuances, which is largely due to the active introduction of digital tools, resources and technologies into the criminal environment. Pointing out the high risk of the crimes committed remotely (contactless), the author emphasizes the fact that the traditional types of crime continue to maintain their positions in the general structure of crimes, partly touching and even completely dismounting with cybercrimes. The research attempts to identify the structure of cybercrime and its types as a relatively independent phenomenon and reveals the trends of its development. The factors causing the growing volumes of cybercrime in the recent years are highlighted in detail in the article. Conclusions: The author states the leading role of the criminal law in the fight against cybercrime and suggests measures aimed at improving the counteraction to cybercrime through criminal liability and punishment. The main results of the research presented to the reader are the author's proposals to change sone norms of the Criminal Code in order to tighten responsibility for committing crimes using information and communication technologies and social engineering tools.
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Forensic Characterization of Murders for the Investigation of Crimes
Abstract
The forensic characterization of murders is of particular importance for the investigation of crimes. Despite the fact that this characteristic has been developed in science for a long time, in practice, quite often some of its elements are not performed by law enforcement officers. Based on the analysis, the author comes to the conclusion that the forensic characterization of murders is essential for an effective investigation, and therefore it seems justified to implement it at the initial stages of investigative activities, which will reduce errors when bringing persons to criminal responsibility. The author believes that the forensic characterization of the murder is especially important at the initial stage of the investigation, as this will greatly facilitate the qualification of the unlawful act.
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Judicial Investigation, its Purpose, Essence and Content, Features and Problematic Issues of its Implementation in Practice
Abstract
The purpose of the research. The article analyzes the concept of judicial investigation, examines the main aspects of its purpose, on the basis of the conducted research attempts are made to reveal its essence and content at the present stage of the development of criminal proceedings. Results. Along with the above, taking into account the results of the analysis, the substantiation of its characteristic theoretical and applied features is given, as well as algorithms for solving the existing problematic issues of its implementation in practice are proposed, aimed at achieving and legitimizing the final court decisions during the judicial investigation. Based on the results of the study, proposals are made to improve judicial and other procedural activities related to it (public prosecution, realization of the right to defense, and others).
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To the Question of Criminal Liability of Adoptive Parents for Failure to Fulfill the Duties of Raising a Minor
Abstract
The foster family is of the utmost importance for the development of Russian society. This is because family relationships have the most effective influence on the process of formation and development of the child's personality. Despite the fact that the current Russian legislation defines in great detail the procedure for the creation and development of foster families, the specifics of obtaining the status of foster parents and the control and supervisory functions of guardianship and guardianship authorities over the functioning of foster families, in practice there are many cases of negative impact exerted by foster parents in respect of minors placed in their family for education. Such situations can not only harm the life and health of an adopted child, but also affect his worldview, opportunities for socialization and development. The compensatory nature of the considered legal relations, focused on the upbringing of the child, gives rise to significant risks and threats of the spread of criminal behavior among foster parents, which is expressed in the failure by these persons of their immediate duties, associated with child abuse. The purpose of the present study is to study the institution of criminal liability of adoptive parents for failure to fulfill the duties of raising a minor. The authors come to the conclusion that in the context of an increase in the number of foster families in the Russian Federation, there are significant risks of the spread of criminal behavior among foster parents. Attention is focused on certain law enforcement problems related to the effectiveness of the functioning of guardianship and guardianship authorities in the process of monitoring foster families, the solution of which will positively affect the provision of the rights and legitimate interests of foster children.
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Some Issues of the Use of Special Knowledge in the Investigation of Crimes Related to Household Gas Explosions (On the Example of Mongolia)
Abstract
The growth of household gas consumption observed in Mongolia in recent years, significantly simplified the provision of household needs of citizens, but has also led to negative resulted in increasing number of household gas explosions, some of them occurring because of illegal acts. The vast majority (about 2/3 of cases) of household gas explosions in Mongolia occur because of toxicomania—a negative social phenomenon characterized by use volatile chemicals usage, which include psychoactive substances that cause a negative effect on the human central nervous system. Prevention of toxicomania is directly related to preclusive activities in relation to gas-air mixture explosions. It is stressed that in the course of countering crimes related to household gas explosions, internal affairs officers of Mongolia face a number of problems. They are connected to the lack of sound approaches used while selecting and appointing the inspections determining circumstances or characteristic signs of crimes related to household gas explosions. The solution of existing problems in this area requires the development of special knowledge usage algorithms, which depends on typical of investigations, as well as on the forensic capabilities of the law enforcement system of Mongolia. The author examines some problematic issues that arise during the investigation and prevention of household gas explosions in Mongolia, and suggests the main directions for their resolution both at the national, multinational and regional levels.
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Difficulties of Applying Double Criminality Rule in Extradition Procedure
Abstract
The article studies double criminality as a fundamental rule of extradition. Two criminal procedural problems are investigated that arise when we check an extradition crime for double imputation: the existence of a crucial difference in the dispositions of regulations, and the existence of a regulation which is conditioned by an administrative prejudice in the legislation of one of the extradition states. The author comes to the conclusion that it is necessary to observe the principle of the presumption of non-extradition if there are doubts about the criminal punishability of the extradition act under the legislation of one of the extradition states.
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The Role of Organized Crime in Committing Crimes in the Sphere of the Economy Using Information and Communication Technologies
Abstract
The historical variability of crime is associated primarily with the ontogenesis of social relations. The process of technological evolution, the globalization of economies, on the one hand, is positive, on the other hand, it contributes to the introduction of new types of criminal acts. Organized crime is actively using the possibilities of modern means of communication in its activities, developing innovative ways of committing crimes, expanding international relations. Thus, ceasing to be a purely internal problem of an individual state, acquiring a transnational character. The use of information and communication technologies has given criminals the opportunity to introduce new mechanisms for committing criminal acts within existing criminal structures, such as fraud, theft, extortion, and so on.
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International Legal Sciences
Trends of a Global Legal Polysystem Based on the Negation of Bad Faith
Abstract
Objective: The reason for writing the article is the discovery of the reception of some doctrines and legal mechanisms of common law by the Russian legal system. The purpose of the article is to highlight the grounds on which the convergence of legal systems is possible, in order to form a common good faith view of the subjects of law about their legitimate expectations from justice, the protection of their legitimate rights and interests in different legal orders, as well as to answer the question whether in any areas of legal relations it is possible to consider humanity as a single subject of law, relying among other things on the opinions of several Russian scholars and foreign lawyers (R. Kolb and M. V. Hesselink). Model: The methodological basis of the article is the analysis of Russian and foreign doctrine on the issues of convergence, unification, harmonization, reception, interpenetration, universalization, integration and essential transformation of legal systems; synthesis and generalization in the form of highlighting the basis for convergence of national legal systems; analysis of the possibilities of forming a global legal polysystem. Conclusions: International law and natural need of mankind in protection of good faith and its requirements on the basis of negation of bad faith conduct as a method of legal regulation are the bases for rapprochement of national legal systems. Scope of research / possibility of further use of scientific work results: Research results are a part of new complex approach to the study of «bad faith conduct» as an independent legal concept, as well as to substantiation of new method of legal regulation—negation of bad faith conduct, which influences the reception of the best norms aimed at the most effective protection against bad faith by legal systems of countries. Practical importance: The author considers it necessary to study legal issues arising in connection with globalization. The processes of globalization in the modern world are characterized by the fact that due to the rapid development of scientific and technological progress the movement of information flows beyond national borders through the «Internet» becomes uncontrollable, disputes about jurisdiction and sovereignty of states in cyberspace arise, and due to the ever closer integration of national commodity markets, services and capital the economic interdependence of different countries increases, which countries have begun restrain to by unilateral restrictive measures, there are increasing flows of human migration. Legal systems are inevitably influenced by these processes, bringing changes to legal regulation. Originality/value: The article is addressed to the legal scientific community, legal practitioners, may be useful to law students at universities.
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Difference between the Concepts of State Responsibility and State Liability for the Nuclear Damage
Abstract
This article explores the distinction between the concepts of «state responsibility» and «state liability» both in general and in the context of international nuclear law. The purpose of this research is to explain in Russian two concepts that exist in international law, but have no analogue in Russian law, as well as to identify the essence of these legal categories. In addition, the study is aimed at more detailed research of the legal acts regulating the responsibility/liability of states for nuclear damage. The article provides an analysis of the fundamental conventions in the field of international responsibility/liability for nuclear damage, which is based on the opinion of competent scientists of international nuclear law. The author of this article conducts a detailed analysis of the legal framework in the field of both «state responsibility» and «state liability», namely, using a comparative legal method to reveal similarities and differences in such legal acts as: Convention on Early Notification of Nuclear accidents, 1986, Convention on Assistance in the Case of a Nuclear or Radiological Emergency, 1986, Paris Convention on Third Party Liability in the Field of Nuclear Energy, 1960, Vienna Convention on Civil Liability for Nuclear Damage, 1963, etc. The author comes to the conclusion that the concept state liability is key one, since it covers a wider range of relations, while the institution of state responsibility in the field of international nuclear law is rather «obsolete» and has lost its meaning. This article reflects analysis of the current provisions of international treaties and additional protocols to them, as well as «soft law» documents in order to more fully identify the essence of the issues under study. This article will be useful to students of law schools, graduate students, teachers of public international law, international energy law, international nuclear law, as well as all those interested in the issue of nuclear responsibility/liability and the linguistic niceties of the translation and integration of world legal institutions in the context of Russian realities.
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Study on the Legal Issues of International Arbitration Institution Settling in China
Abstract
The international arbitration institutions settling in China is not only the need of building an attractive arbitration seat in China, but also the need of facilitating dispute settlement between Chinese and foreign parties, promoting the development of arbitration institutions and serving international trade and investment. Due to China's previous legislative and judicial practices, international arbitration institutions are faced with difficulties such as uncertain institutional identification, limited business scope and unclear award recognition and enforcement. However, as China's ascension arbitration credibility construction, China is taking active measures in judicial, administrative and legislative aspect to clarify the legal status of international arbitration institutions, broaden the business scope, promote the validity of arbitration agreement determination, and clear the nationality of arbitration award to recognition and enforcement. These positive measures demonstrate China's friendly attitude of vigorously supporting arbitration, and create a good prospect for international arbitration institutions in China.
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A Study on the «One-Stop» Diversified International Commercial Dispute Resolution Platform of the CICC in the Context of the Belt and Road Initiative
Abstract
China has proposed to establish a «One-Stop» diversified international commercial dispute resolution platform (hereinafter «One-Stop» platform) in the CICC that effectively combines litigation, mediation and arbitration, which is one of the innovative measures of the CICC. However, the mechanism to effectively combine these three dispute resolution methods in the «One-Stop» platform is insufficient, the international expert committee has not been able to fully play its role, and there are difficulties in the recognition and enforcement of settlement agreements, arbitration awards, and court judgments after dispute resolution. In response to the above problems, the procedural mechanism of the «One-Stop» platform should be improved, the duties of the expert committee should be clarified, and China should consider introducing more diversified international treaties and improving domestic legislation so that the operation of the «One-Stop» dispute resolution platform can be supported by law. With such legal support, the operation of the «One-Stop» platform can provide public legal service products that are more in line with international needs.
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Economic Theory
Institutional Economics: From Basic Concepts to Contemporary Contradictions
Abstract
The purpose of this study is to analyze the evolution and current state of institutional economics, to clarify its subject area, and to identify relevant problems. As a result, it was shown that modern institutional economics is one of the most productive and contradictory scientific fields. On the one hand, by combining the methods of various social sciences, it has offered effective tools for the solution of certain problems, has extended the economic approach to many spheres of life, has promoted the coordination of contradictory economic interests. It took into account the achievements of normative, ethical, informational, evolutionary, game, transactional, contractual and organizational approaches. On the other hand, due to the increased availability of data and the use of computational methods, institutional economics has been enriched by results in the areas of institutional diversity, institutional change, the study of the impact of institutional quality on inequality problems, and the role of individual economic actors. However, the degree of rationality of individual behavior, the impact of economic institutions on increasing imbalances in the distribution of wealth and power, the implementation of mechanisms of institutional change, and the transplantation of effective economic institutions remain debatable.
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Mathematical, Statistical and Instrumental Methods in Economics
Analysis of the Economic Efficiency of Locations in the Field of Trade and the Influence of External Factors on it
Abstract
The relevance of the article lies in the description of the process of data analysis and modeling for solving the placement problem. The main purpose of the research work is to solve the problem of location and assess the degree of influence of the geographical characteristics of locations on the indicators of the economic efficiency of the organization. The article defines the concepts of economic efficiency and profit, as well as how they are related to each other. A number of tasks are described in solving the placement problem. Questions regarding the geographic data used and the formation of the target variable are covered in detail, namely, the questions are answered. What? How? Why? What—what factors can be used to identify the potential of a location. How is the processing of data on store revenues to the final form of the target variable, why such transformations are needed. The process of correlation analysis and feature selection for the subsequent stage of modeling is shown. The course of building the model and assessing its accuracy is described. And also the analysis of the residuals for the best combinations was carried out using the methods of non-parametric statistics. The main tools in the process of solving these problems were the Python programming language and its libraries pandas, numpy, scikit-learn, xgboost, hyperopt, statsmodels, scipy, matplotlib, seaborn. The result of this research work is the constructed machine learning models to determine the economic potential of a location.
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Determining the Optimal Pricing Strategy for Online Cinemas Using an Agent-Based Model on the Example of IVI and Kinopoisk
Abstract
The relevance of the study is justified by the phenomenon of the ever-increasing demand for online cinema services in the presence of free «pirate» resources, the heterogeneity of consumers of online cinemas that form the demand for their services, hence the low predictability of demand. The purpose of the study is to determine the optimal pricing policy in the conditions of competition of online cinemas. The constructed model predicts the demand for the services of the two leaders of the online cinema market with a reliability of more than 99%. Results: in a static game with full information, the price of a Kinopoisk subscription roughly corresponds to the best answer to the Ivi strategy to set the price at the current level; the Ivi subscription price corresponds to one of the Pareto optimal outcomes of the game, characterized by the symmetry of the strategy profile, the Nash equilibrium has not been achieved in reality.
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Potential of Machine Learning for Development of the Venture Capital Investments in Russia
Abstract
Currently, the Russian economy is facing unprecedented sanctions pressure from Western countries. In addition to import substitution and digitalization, one of the most important directions of government policy is the simplification and stimulation of new technological solutions (startup projects). The aim of the research is to study the potential of using artificial intelligence and machine learning in pre-investment analysis of the startup projects' potential profitability at early stages of development for subsequent venture investment. As a result, a number of recommendations have been proposed for the development of venture investment in Russian startup projects. Furthermore, the technological and information foundation has been described in accordance with the directions of the application of artificial intelligence and machine learning. The approaches to formalizing the parameters of the future venture investment recommendation system have been explored for subsequent practical application: identifying promising startup projects, calculating risks and potential profits.
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Regional and Sectoral Economics
Economic Security at the Level of Threats Defined by the Eurasian Economic Union
Abstract
The purpose of this article is to conduct a study in the field of economic security at the level of threats defined by the Eurasian Economic Union. The theoretical significance of this article is the analysis and systematization of scientific research related to the mechanism of economic security at the level of threats determined by the Eurasian Economic Union. The practical significance of the presented research is that the main causes and conditions of threats determined by the Eurasian Economic Union have been established, as well as mechanisms for neutralizing such a phenomenon have been proposed, which will allow improving the mechanism of causes and conditions of potential threats determined by the Eurasian Economic Union. The conclusions obtained in the course of the study are as follows: scientific research related to the mechanism of causes and conditions of potential threats determined by the Eurasian Economic Union is systematized; the features of its development in modern conditions are disclosed.
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On National Economic Security Metаmorphoses at the Present Stage of Development of Russia and the World Community
Abstract
The article presents a brief description of approaches to determining national economic security in Russia and abroad with an emphasis on the ongoing economic and political transformations both within and outside the considered states. The use of economic leverage under the threat of the use of weapons, which is the basis of the «unipolar world», broadcast by the United States of America, was noted, as a counterweight to which it was proposed to broadcast the thesis: «Live like a Human», which characterizes the totality of national interests of the Russian Federation in modern conditions of development of the world community.
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Public Finance and Economic Policy of Metropolis in the Context of Current External Challenges
Abstract
At the moment a difficult situation is developing, which according to the existing signs will be characterized not only by rather serious sanctions for Russia, but also by a slowdown in the global economy likely problems in the field of energy resources and food security. Thus, if one takes the analogy of past challenges, global and local negative trends are likely to overlap. At the moment when most analysts are very careful about forecasts and possible consequences due to the continued increase of sanctions, uncertainty about the extent of impact on the Russian economy, the authors suggest that rapid and urgent economic actions both on the federal and city levels are preferable. The article examines the impact of these measures and activities, it is concluded that such operational measures make it possible to prevent a significant imbalance of the system, preserve its ability to self-regulate, give signals to redirect resources to higher priority areas.
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Research of the Problem of Formation of the Mechanism of Sustainable Development of the Industrial Enterprise Economy
Abstract
In this scientific article, based on the methodology of system analysis, relying on modern achievements in the field of economic and social sciences, taking into account the increasingly obvious geo-political trends of socio-economic development, the author's position (view on) the formation of a mechanism for the sustainable development of an industrial enterprise is presented.
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Development of a Procedure for Controlled Withdrawal of Industrial Enterprises from Equilibrium for Transition to a Higher-Level Innovative Development
Abstract
The purpose of the study is to develop recommendations for the implementation of the procedure for the managed withdrawal of enterprises from the equilibrium state in order to move to a higher level of innovative development. Based on the results of the work, the following main conclusions were obtained. To ensure economic sustainability, an enterprise, on the one hand, must ensure an equilibrium state of its economy, that is, not go beyond the range of variation established by the development strategy. However, in this case, a contradiction arises, since the business must develop and these limits will restrain it. Therefore, the task of ensuring the economic stability of enterprises does not leave the agenda of economic research and has not yet received its final decision. As the study showed, for a managed transition to a new qualitative level within the framework of ensuring its economic stability, it needs to have technology to exit the state of economic stability in order to eliminate the limitations of the external and/or internal measurement of this category, as well as return to the original equilibrium state. In other words, to develop and implement a project for the managed withdrawal of an enterprise from an equilibrium state in order to move to a higher level of development in terms of increasing the «throughput» of a business or increasing its scale and then stabilizing this state—in the traditional sense. For these purposes, it is most acceptable to use the provisions of the theory of limitations of systems due to the need to perform a large amount of difficult-to-formalize logical examinations during the implementation of the project.
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Organization of Transformational Processes in Making Management Decisions at Industrial Enterprises Using A Bank of Approaches, Models and Methods
Abstract
The article dwells upon the methodical approach to the model of making and introducing managerial decisions at industrial enterprises. This approach is based on a managerial toolkit—a bank of approaches, models and methods that allows developing, making and supporting managerial decisions. According to the results of the research, a methodical approach to the formation of the model of making and implementing managerial decisions at industrial enterprises is substantiated. The main conclusion of the article is that the development, acceptance and support of administrative decisions on the base of transformational model is a meaningful measure especially taking into account the situation on the object, which should be changed.
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Tax Monitoring of Individuals
Abstract
The scientific article is devoted to the research analysis of the implementation of the mechanism of tax monitoring of individuals at the current stage of the formation of the tax administration system in the Russian Federation. The relevance of the study is due to the fact that tax monitoring can be one of the most effective mechanisms for tax administration of individual income. The article analyzes the main types of income of individuals. The dynamics of personal income tax by types of income has been analyzed. The article considers the characteristics of tax deductions as an incentive tool. The features of storing data on the finances of individuals in Russia are described. The main risks for individuals from the point of view of sanctions for violation of tax legislation are considered. The prospects and possible effectiveness of the use of the mechanism of tax monitoring of personal income for the tax regulation bodies of the state and taxpayers are analyzed.
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Application of a Nonparametric Method for Assessing the Cointegration of the Indices of Change in Capital Rate, Return on Assets and Labor Productivity
Abstract
The article presents an assessment of the cointegration of the indices of capital productivity, stock-labor ratio, and labor productivity index. The purpose of the research. Evaluation of the existence of long-term relationships between the indices of capital productivity, stock-labor ratio, and labor productivity index. As part of the study, an attempt was made to assess the presence of a long-term equilibrium between the studied indicators using a non-parametric method for a more detailed understanding of the economic nature of labor productivity. A non-parametric method for assessing the probability of cointegration was used for the first time in the focus of indicators of capital productivity, capital-labor ratio, and productivity. Results. As a result of the study, we can conclude that with an extremely low probability, changes in fixed assets and indicators including them (capital-labor ratio, capital productivity) in the long run have a unidirectional development with the labor productivity index. In this regard, the prospect of searching for performance properties and relationships with fixed assets opens to determine the optimal ratio of production resources, monitoring and management at the enterprise level. Approbation of the non-parametric method has confirmed its applicability to time series with a small number of observations, which makes it possible to use this method for conducting economic research in conditions of limited (short) data.
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Finance
Identification of Unreasonable Tax Benefits During Pre-Inspection Analysis
Abstract
Objectives of the research work: to identify the main issues that arise when analyzing taxpayers' transactions, allowing to identify unreasonable tax benefits. Conclusions obtained during the study: the directions of analysis of contracts and prospects for their development are highlighted in order to identify unreasonable tax benefits for assessing the amount of tax offenses. The article discusses the theoretical and practical aspects of pre-audit analysis, which is aimed at the reasonable choice of taxpayers for inclusion in the plan of field tax audits in terms of analyzing contracts, primary documents, tax registers and tax reporting, which can be used by taxpayers in the implementation of tax planning, and by tax authorities—to develop an effective pre-audit analysis strategy. The main types of contracts are considered in detail, the analysis of which reveals unreasonable tax benefits, taking into account incorrect registration, economic validity of concluding related transactions and confirmation of the reality of operations.
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Methodological Approaches to Business Valuation in Condition of Sanctions Restrictions
Abstract
The article deals with the problem of business valuation in condition of sanctions restrictions. To increase the confidence of investors both from outside and in the countries of the Eurasian Economic Union it is necessary to develop common approaches to business valuation in the current conditions. Materials and methods. The article uses the laws and regulations of the Russian Federation governing business valuation, as well as International standards for valuation activities, information and analytical materials of Russian and international scientific publications. Results. The authors consider the typology and examples of the impact of sanctions on the sectors of the Russian economy. The following types of sanctions have been identified: personal and financial and economic, including financial, energy, technological, transport and logistics. The critical analysis of the applicability of approaches and methods for business valuation in condition of sanctions restrictions is made. Conclusion. Actual relevant systemic sanction changes in the economy have been identified and classified, as a result of which it has become possible to justify the resulting business value formation factors. Not all approaches and methods are applicable to business valuation in condition of sanctions restrictions; in this regard, the urgent scientific and practical task is the development of theoretical, methodological and practical provisions for estimating the value of business under sanctions factors, taking into account industry specifics.
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The Mechanism of State Programs as a Tool of Financial Support of the Processes of Digitalization of the Public Administration System on the Example of the City of Moscow
Abstract
In this article, the toolkit of state programs is considered in order to ensure the possibility of managing the costs of digitalization of the public administration system of the subject of the Russian Federation on the example of the city of Moscow, the problematic points of application of the presented mechanism in the context of the issue under consideration are identified, the author's concept of digitalization is presented.
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Management
Transformation of Marketplaces’ Role
Abstract
The purpose of the article is to identify the changing role of marketplaces in the conditions of their increasing market share, as well as taking into account the evolution of marketplaces from a showcase to the main platform for the development of businesses of various sizes, including small businesses. Special attention in the article is paid to the support of small and medium-sized businesses, which are taken over by foreign marketplaces, but so far Russian marketplaces are not actively doing it. In Russia, marketplaces account for about 70% of online orders and about 40% of the turnover of all online trade, and the three largest sites account for 42% of turnover. Taking into account the increasing popularity of marketplaces and the attraction of an increasing number of sellers by them, the problem of providing sufficient support to sellers becomes urgent, which involves not only training in the basics of trading, but also financial literacy, working with analytical reporting, as well as mentoring. In this matter, marketplaces-leaders should assume a dominant role, which will make it easier to enter and work on platforms.
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