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卷 17, 编号 1 (2021)

Articles

Basic trends and problems of technological development of the Russian industry

Lebedeva N.

摘要

The purpose of the research. The article deals with the features of the industrial development of the Russian Federation, the main factors of the technological development of the Russian industry. The purpose of the study is to identify the main trends and problems of technological development of the Russian industry. This is necessary to form a recommendation for improving the competitiveness of the economy. Conclusions. As a result of the conducted research, the author comes to the conclusion that the main driver in increasing the level of technological development is the basic branches of the national economy, in particular mechanical engineering. Proposals are formulated to improve the efficiency of the functioning of mechanical engineering organizations.
Economic Problems and Legal Practice. 2021;17(1):18-22
pages 18-22 views

Lack of urban landscape: hidden risks for the development of megacities

Bulgakova M.

摘要

Urban space, as the process of urbanization develops, deformes the natural environment, adapting it to its own needs. The natural growth of urban populations, the inclusion of suburban areas or the transformation of rural areas entail the need to distribute natural complexes in order to minimize the direct and indirect impact of man, as well as the effects of his activities on the natural components of the environment. At the same time, assessment of indicators of comfort of a city landscape based not on subjective judgment of the individual, and use of a complex of data (indicators of the area of territories, city forests, forests, population, average life expectancy acted as criteria), allowed the author to carry out the analysis of forest exploitation of city forests of megalopolises as podjobjekt of ensuring economic security and permanent development of the forest industry at the territorial (regional) level. The ecological and social orientation of the study of fifteen millionaire cities of Russia found non-compliance with forest area standards in the eleven largest settlements of the country. The author ranked the megacities of Russia according to the criterion «placement of urban forests». The presented methodology for diagnosing forest management in millionaire cities allows you to identify trends in meeting the needs of the population in urban forests and justify the formation of challenges to the economic safety of the forest industry, including those related to the life expectancy of the population and the amount of money allocated for the maintenance and development of urban forests.
Economic Problems and Legal Practice. 2021;17(1):23-27
pages 23-27 views

Theoretical basis of economic efficiency of forest resources use

Bulgakova M.

摘要

Modern society operates in an unstable economy, regularly emerging crisis phenomena, the formation of which is facilitated not only by various financial instruments, socio-economic factors, wars, natural disasters, but also by life forms, which spread infections to living organisms, parasitizing and using foreign cells for survival. The present article considers the concepts of «economic growth» and «economic efficiency» in order to identify the theoretical basis for the effective exploitation of forests, as a natural resource whose reserves are declining. The analysis of economic models, including those authored by Nobel Prize winners, made it possible to identify fundamental problems, the implementation of which, in the context of national interests, allows, regardless of the economic structure, to maintain a stable level of economic activity using a natural resource. The economic worldview of contemporaries, the transformation of human behaviors under the influence of forced isolation measures, formalism and the short time frame for finding ideas to overcome crises, contributed to the formation of philosophically oriented theories of the emergence of crisis phenomena in the economy, as well as the lack of a deep study of methods and tools of modern models and theories. Analyzing the structure of forest management in Russia, coupled with approaches to charging for the use of the resource, the author concludes that the ideas of an economic philosophy of efficient forest management were not only developed by the beginning of the 20th century, but also experimentally tested, bringing benefits and results in the form of significant amounts of budget replenishment, subsequently directed to the development of science, technology and the improvement of social security for forestry workers.
Economic Problems and Legal Practice. 2021;17(1):28-34
pages 28-34 views

Current issues in the development of the tourist and recreation complex of the Kabardino-Balkar Republic in the conditions of the pandemic

Baysultanova L., Baychekueva A., Balkarova Z., Kankulova L.

摘要

A large number of tourist and recreational complexes are located on the territory of the Russian Federation, which are distinguished by their diversity and qualitative specificity. One of the most popular regions for tourists, which attracts them in large numbers at any time, is the North Caucasus. The combination of climatic and natural resources makes it possible to organize an interesting and useful vacation on the territory of several regions, including the Kabardino-Balkarian Republic. However, due to the worldwide coronavirus pandemic, tourism is facing a serious crisis. In the context of limited communication with foreign countries and other measures to counter the spread of the virus, the development of domestic tourism has become important. The Kabardino-Balkarian Republic is a very promising tourist region, however, at present, a significant improvement in the development of tourist activities in this territory is required. The purpose of writing a research paper is to analyze the current state of the tourist and recreational complex of the Kabardino-Balkarian Republic and determine directions for its further development in the context of a pandemic. The author comes to the conclusion that the orientation of tourists in the current conditions to the domestic market of services creates new opportunities for the development of tourist activities in the region. Attention is focused on the need to improve the work of tourist enterprises in the Internet space, including in terms of promoting services and drawing attention to the unique natural resources existing in the territory of Kabardino-Balkaria. Cultural and educational tourism is highlighted as a promising direction for the development of the tourist and recreational complex.
Economic Problems and Legal Practice. 2021;17(1):35-38
pages 35-38 views

Features of service promotion tourist company on the Internet

Kankulova L., Temmoeva Z., Anischenko E., Stas N.

摘要

Informatization and digitalization facilitate many processes in society. Economic relations in this case are no exception. The proliferation of mobile communications and the availability of the Internet have now brought about major changes in the organization of many enterprises. Of course, the use of technological innovations is of particular importance for production, regardless of its specifics, but it is necessary to take into account the influence of modern information technologies on the promotion of goods and services. Remote forms of interaction with customers have acquired particular importance in the context of the spread of coronavirus infection. There are a number of sectors of the economy that have been significantly affected during the pandemic, among which tourism activities in need of serious recovery stand out. The purpose of writing a research paper is to analyze the activities of modern tourist enterprises in Russia in the context of their implementation of the process of promoting services and to identify the features of this process on the Internet. The author comes to the conclusion that nowadays tourist enterprises have a lot of additional ways to promote services that are very interesting to potential customers. The attention is focused on the main directions within which tourist enterprises need to find the most suitable options for organizing and promoting services on the Internet.
Economic Problems and Legal Practice. 2021;17(1):39-42
pages 39-42 views

Structure, dynamics and trends of development of the world market of the automobile industry

Wang G.

摘要

The purpose of the article is to study the structure and dynamics of the world market of the automotive industry in order to determine the most promising trends in its development in modern conditions. The relevance of the article is due to the special role of this industry for national economies: a large number of jobs, a significant share in the gross domestic product, the impact on the development of related economic activities. The key market trends have been identified: the impact of the global pandemic associated with COVID-19 (as well as a sharp drop in demand, a temporary break in the supply chain), sensitivity to national production and to the brand, change in consumer preferences (in developed countries - the formation of conscious consumption, in developing countries - an increase in sales of premium vehicles), the annual growth of the electric vehicle market, digital transformation of car production. Based on the results of the study, recommendations were formulated for state support for the development of the automotive industry: measures for the construction of infrastructure serving electric transport (a network of charging stations), assistance to consumers through incentive payments, time-limited employee layoff schemes, reduced interest rates and urgent loans for enterprises, development a global program to share experiences on the best ways to use electric vehicles in cities. It is substantiated that measures to support automotive production at the state level must be developed and implemented taking into account the conditions of a particular state.
Economic Problems and Legal Practice. 2021;17(1):43-47
pages 43-47 views

Issues of land organization and accounting in Great Britain: economic and legal aspects

Pokotilo O.

摘要

The purpose of this article is to study the problematic aspects of the development of cadastre and land accounting in the UK. The author explores a previously little-studied topic, taking into account a certain closeness of this state, despite the fact that the UK is part of the EU. In the UK, there are records of interests in land, their ownership and control, and their value. What it doesn't really have is either a truly parcel system, or a system that accurately captures geometric descriptions of areas owned or controlled by various interests in the land. The system of land management is based on the concept of property ownership, and not land as a physical reality. The author concludes that the tradition in British property taxes is that the tax liability falls on the tenant, not the owner. This is done for pragmatic reasons. It is often difficult to trace beneficial ownership of property where it may be hidden behind layers of nominal holdings. Owners may reside outside the jurisdiction of the courts, which makes it difficult to apply sanctions to them. In contrast, the tenant lives or runs the business out of the property. In case of non-payment of taxes, you can seize the tenant and seize his movable property in order to sell it to pay off the tax debt. A tenant can shift the effective tax burden to their landlord by negotiating a lower rent, so while the formal (legal) tax burden is on the tenant, the real impact may be on others.
Economic Problems and Legal Practice. 2021;17(1):48-51
pages 48-51 views

The concept of the urban cadastre and its significance in the accounting and distribution of land

Pokotilo O.

摘要

The purpose of this article is to study the question of the legal and economic nature of the urban cadastre. This concept is not used in Russian practice, but in foreign countries it is the city cadastre that serves as the so-called primary unit of land accounting in a municipality.The author concludes that it is the city cadastre and the rules for its maintenance and correction of data that allow us to most accurately identify the problems that occur in almost every municipality. The author believes that the principle of maintaining a national cadastre should be based on the principle of «from the private to the general», i.e. the accuracy and updating of the land cadastre data in the municipality will directly affect the accuracy of the national cadastre data, which will effectively solve the economic and legal tasks that the state sets for the authorized bodies.
Economic Problems and Legal Practice. 2021;17(1):52-55
pages 52-55 views

The Research on the Complex Talents' Cultivision of the Sino-Russian Cross-Border Tourism Under the Background of Networking +

Zhu H., Zhang R.

摘要

With the rapid development of information technology, the current development of the tourism industry has entered the information +era», The border tourism has appeared in the digital, intelligent, electric business, The Internet era has had a profound impact on the traditional cultivation of tourism talents. Therefore, the big data tourism talent cultivation must be closely combined with the characteristics of the Internet era to improve the quality of tourism talent cultivation. The development of «Internet + Tourism» between China and Russia needs innovative and versatile talents of border tourism who can keep up with the development of «One Belt And One Road» and the Internet. This article bases on «Internet +» under the background of Sino-Russian border tourism in present situation and the development trend. In view of the existing problems in personnel training mode, it put forward the corresponding innovation personnel training mode, cultivating industry vision, tourist talents, to adapt to the «Internet +» tourism development of The Times.
Economic Problems and Legal Practice. 2021;17(1):56-61
pages 56-61 views

Investment climate, valuation and its relationship to economic growth

Zainullin S., Nwachukwu C., Berhane D., Gundu T.

摘要

Investment productivity is the main objective of every investor and in the business and financial circles, the valuation of investment has become an important topic for discussion because of its relationship to economic growth. In view of this, we embarked on this research work on the investment climate, valuation and its relationship to economic growth. As much as investment is important, it is not just enough to embark in any business without a proper evaluation of the investment for a productive future return, valuation helps an investor to make a good investment decision, it tries predicting the future realization from investment and if the investment is worth embarking on. It is necessary that the investor or business owner is guided in the best investment to make, this is because valuation compares prices and anticipate future returns from every investment made. It determines the worth of a business, assets and companies (Modelling, n.d.). It also improves companies (Wise, 2002). Businesses needs to evaluate investment because a good investment is most likely going to lead to a growth in the economy (Office of Investor Education and Advocacy, 2011). In this article, we will be pointing out why investment is necessary, why investors need to valuate businesses before investing in it. What challenges encountered in investment, what formulas to use while valuating a business, best determinants of investment values and how investment contributes to economic growth.
Economic Problems and Legal Practice. 2021;17(1):62-68
pages 62-68 views

Estimation of environmental costs as a mechanism for ensuring economic security (on the example of the nuclear industry)

Galoyan N., Kevorkova Z., Norkina A., Leonov P.

摘要

In this article the economic security of an enterprise is regarded as a tool of the economic security at the macro level. At the present stage, in the era of globalization of all the life processes, there have been value changes in the society, which are caused by an increase in the volume and pace of information exchange. The industrialization and scientific and technological progress are priority directions which significantly contribute to the effective innovative development of economic sectors of the state. However, scientific and technological progress, in addition to a positive impact on human development, has led to certain negative consequences associated with environmental pollution, the restoration of which requires additional environmental costs. One of the ways to ensure the economic security of enterprises is to prepare financial statements which provide substantiation of items of income and expenses. This specification provides an opportunity to track cash flows and prevent potential fraud in terms of theft or misuse of funds. This problem is especially relevant for budgetary or state organizations, whose activities are directly related to the interaction with the environment, since the part of the work of such organizations is carried out within the framework of federal target programs or national projects funded by the federal budget. However, the financial statements have certain imperfections in terms of reflecting the environmental costs incurred by the organization. Namely, entities do not always reflect such costs in their financial statements or in the notes thereto. Such inaccuracies lead to distortion of data in financial statements and create a potential threat to economic security at the micro level, and if the problem is common among most of the organizations, it can cause a potential threat to the national security. Model. The article explores the best ways to reflect environmental costs. Findings. Based on the analysis of modern methods of reflecting environmental costs in financial statements, a classification of the environmental costs has been compiled, the application of which will ensure the economic security of nuclear enterprises. Practical value. The conclusions made in the article, are leading to an understanding of the existing problems in accounting on environmental costs as well as their impact on economic security at the micro level. The assessment of the scale of the problem has demonstrated that the economic security of enterprises has an impact on the economic security of the state. The point is that, the economic security strategy of the Russian Federation contains several indicators (indicators) which are used for assessing particular spheres of the economy, however, the environmental indicator which is vital for the humanity, is not among them. In this regard, the article discusses modern ways of reflecting environmental costs and their features. The leading role in the system of economic security of an enterprise is ascribed to the accounting. However, as evidence shows, the accounting is not fully capable of controlling and regulating individual financial flows, and therefore it has become necessary to refine and improve it, taking into account the peculiarities of the Russian accounting system and international standards. Originality. As a result of the analysis and assessment of the state of the problem, certain measures are proposed to improve the methods for classifying the environmental costs of an enterprise which can ensure its economic safety.
Economic Problems and Legal Practice. 2021;17(1):69-74
pages 69-74 views

The professional world of accounting about some aspects of integrated reporting

Mussipova L., Berezyuk V.

摘要

Task. The information needs of external users are constantly expanding, which determines an increase in the number of indicators described in the reports, and creation of new forms of reporting, which include an integrated report. The very emergence and importance of integrated reporting is currently relevant in the global economic environment. Model. The design and presentation of integrated reports provide an opportunity to evaluate the non-financial aspect of the company's activities. In this context, we believe that well-designed corporate integrated reporting can help find a solution to a significant part of the problem. The purpose of integrated reporting is to construct the data in the field of strategic development of the company and present it to interested users who have a direct and indirect interest. In addition, it allows providing information for the distribution of financial capital that can maintain long-term, short-term and medium-term value creation. Summary. The article defines the necessity for the integrated reporting as a source of transparent and up-to-date financial and non-financial information about the conduct and state of business. The author details the elements and composition of integrated reporting and identifies a number of advantages and disadvantages of it. Moreover, the main principles that need to be taken into account in the process of creating and using integrated reporting are defined. Practical importance. The practical importance of the research results lies in the development of modern methodical maintenance of the process of preparing and presenting integrated reports in order to create a system of information on various aspects of the company's performance, analysis, evaluation and justification of management decisions by external and internal subjects of business relations. Originality. The literature review and the author's research on the creation of integrated reporting allows to develop recommendations on the methodical maintenance of the preparation of integrated reporting, which contributes to introducing an individual approach to the formalization of the reports submitted. The author's suggestions can be used in the process of analyzing and evaluating business values and strategies.
Economic Problems and Legal Practice. 2021;17(1):75-80
pages 75-80 views

Application of digital technologies in tax control of construction organizations

Esenova A.

摘要

Objective. This article analyzes the use of digital technologies Big Data and Blockchain in the tax control of construction organizations. The use of Big Data technologies will allow tax authorities to gain access to information about the taxpayer, to compare data of counterparties and to detect delinquencies in the payment of taxes. The large amount of processed information on tax revenues and financial statements for their payment leads to a variety of issues in the tax administration on the information and methodological support of the processing of all information. Blockchain technology will help solve these issues in the light of information technology. The introduction of Big Data and Blockchain technologies, in the tax authorities of the Russian Federation, today, is promising, and the use of methods to analyze information, together with methodological support, can give high positive results and improve the efficiency of the tax authorities, as well as improve financial and tax discipline of construction organizations. The mechanism of tax control using information and methodological support based on digital technologies Big Data and Blockchain, is that neither tax authorities nor taxpayers will determine the income tax, study and analyze all the information for tax payment, it will be done for them by digital platforms Big Data and Blockchain. Model. This article explores Big Data and Blockchain digital technologies. Conclusions. The use of digital technologies such as Big Data and Blockchain, can reduce routine work, and most importantly, make information transparent for the payment and accrual of taxes, construction organizations will no longer be able to conduct fraudulent schemes to conceal their own money receipts. The advantage of applying Big Data and Blockchain is also that the revenues to the budgets will come continuously, not monthly or quarterly, or even once a year. Practical Importance. The findings lead to an understanding of the prospects and effectiveness of tax control of construction organizations using digital technologies Big Data and Blockchain, their advantages and features. The area of application of the results of the study is the tax control of construction organizations. Originality. As a result of the study of the issue related to the application of digital technologies in the tax control of construction organizations, the mechanism of tax control with the use of information and methodological support based on digital technologies Big Data and Blockchain was developed.
Economic Problems and Legal Practice. 2021;17(1):81-85
pages 81-85 views

Analysis of attributional modeling methods in marketing

Denisenko I., Grineva N.

摘要

The sharp increase in the number of Internet users has led to the rapid spread of e-commerce, and, as a result, the development of online (digital) marketing tools. At the same time, one of the key tasks is to estimate the impact on the user of each marketing touchpoint in the «digital path» when the user reaches a certain goal (conversion). In other words, it is required to assess the extent to which each marketing channel contributes to the success of the marketing strategy, which is traditionally solved by applying an attribution model. In recent years, with the development of technologies for collecting, accumulating, and aggregating web data about users and their interactions with digital marketing channels, approaches to attribution modeling have also improved. Researchers have proposed a wide range of approaches to attribution modeling, and the question of the best approach is still relevant today. The following tasks are set and solved in the article: 1) the concept of «attribution modeling» is defined; 2) modern methods of attribution modeling are presented and described; 3) identified and described the advantages and disadvantages of each approach to attribution modeling.
Economic Problems and Legal Practice. 2021;17(1):86-90
pages 86-90 views

Metrics of market liquidity of stocks

Chupalaev I.

摘要

The purpose of the research. The article discusses the problem associated with the choice of quality metrics for analyzing the liquidity of stock market instruments traded in organized trading. Fundamental indicators of stock market instruments during a period of increased volatility were taken as a basis for the study. Basic metrics such as trading volume, the number of transactions and price changes in different periods of volatility are analyzed, and based on the results obtained, a search is made for the presence or absence of relationships between the given metrics. These metrics are fundamental and are analyzed primarily as key indicators of liquidity for instruments traded in organized trades. Also, additional metrics are calculated in order to obtain better results for the analysis of stock market instruments. These metrics include volume spread, average volumes at best bid and ask prices, and securities turnover. For an additional metric, spread on volume, a calculation method is proposed that shows the dynamics of the volume of money supply in the order book. Similarly, additional metrics are analyzed for the presence or absence of relationships, both among themselves and with basic metrics. Findings. The study shows which metrics can be more informative for describing the state of liquidity of stock market instruments in modern conditions of market trading. Thus, in the course of calculating the values of various metrics to find relationships between them, the results showed that the existing basic metrics can be supplemented to obtain a better picture of the liquidity state.
Economic Problems and Legal Practice. 2021;17(1):91-99
pages 91-99 views

Some aspects of the participation of provincial government bodies in the implementation of penitentiary policy in the second half of the XVIII century

Petrenko N., Zagainov I., Blinova M.

摘要

The article analyzes the process of establishing new types of correctional and social assistance institutions in the form of straitjackets and workhouses during the reign of Catherine II. Special emphasis was placed on the analysis of the legal status of the newly established bodies of provincial administration-orders of public charity, which were responsible for straitjackets and workhouses.
Economic Problems and Legal Practice. 2021;17(1):100-103
pages 100-103 views

Local self-government and its role in the implementation of anti-terrorism policy

Abazov A.

摘要

The purpose of this study was to study the implementation of anti-terrorism policy through the powers of local governments. Tasks of the study: they consist in analyzing the powers of state authorities and local self-government in the implementation of anti-terrorism policy. The study considered the provisions of federal legislation obliging local authorities to take part in the implementation of anti-terrorism policy, namely in events to counter extremist and terrorist activities. The author also specifies the events of local self-government bodies that ensure the legality and protection of public order in the territory of the municipality, as well as participate in events to prevent and prevent terrorism and extremism, minimize and/or eliminate the consequences of terrorism and extremism in the territory of the municipality. Conclusions: the importance of the role of municipalities in anti-terrorism activities and the participation of local authorities in these activities are determined. To solve the identified problems, national anti-terrorism commissions operate in municipalities, the activities of which are aimed at organizing the interaction of territorial divisions of federal executive bodies and regional structures with local authorities in planning and conducting anti-terrorism events.
Economic Problems and Legal Practice. 2021;17(1):104-107
pages 104-107 views

Freedom of conscience through the prism of freedom of religion in the Russian Federation: doctrine, legislation, law enforcement practice

Zubov V.

摘要

The author, on the basis of the universal dialectical, general scientific methods of analysis and synthesis, the general legal method of comparative jurisprudence, as well as the formal legal method, actualizes the problem of freedom of conscience in the context of freedom of religion on the basis of the modern political and legal doctrine, existing law-making acts of a general federal nature, as well as the practice of law enforcement of legislation on freedom of conscience and freedom of religion. The definition of freedom of conscience is defined as the human right to profess and disseminate in society those beliefs that are acceptable to him, as well as to act in accordance with his convictions, with the exception of the dissemination of views that can create an atmosphere of hostility and hatred in society, and taking actions in accordance with such views, justifies the inclusion of freedom of religion in the structure of freedom of conscience, with references to acts of international law and the Constitution of the Russian Federation, the relationship between freedom of conscience and freedom of religion, the content of powers and the limits of rights is revealed. Describing the current state of the institution of freedom of religion in the Russian Federation, the author speaks of specific powers - freedom of religious education, freedom of creation and operation of religious associations, secrets of confession, and also reveals in detail the problem of deliberately insulting the religious feelings of citizens with references to judicial practice. In the conclusion of the article, it is concluded that the delimitation of freedom is inadmissible religion from other components of freedom of conscience, which can create a chasm between believers, non-believers and non-religious citizens, as well as the need for peaceful coexistence and civilized exchange of views between believers of different denominations, non-believers and non-religious citizens.
Economic Problems and Legal Practice. 2021;17(1):108-115
pages 108-115 views

The constitutional right of the citizens of the Russian Federation to participate in the management of state affairs through the judiciary

Tsymbal I.

摘要

The article examines some of the characteristic features of the Russian Federation citizens' participation in the state affairs management, carried out through the judicial authorities. The essence of this constitutional right of citizens, its definition is considered. The process of approval of the judiciary as an independent branch of state power in the Russian Federation at the modern history is traced. The key stages in the evolution of citizens' right to participate in the judiciary in the Soviet and Russian Basic Law have been investigated. The moment was noted when the goal of securing the citizens' right of participating in the state affairs management at the highest legislative level was first formulated in the Soviet Constitutions. The main stages of development of the legal provisions of the Constitution of the USSR on people's assessors are revealed, the moment of inclusion of the above-named assessors in the judicial system in the Soviet Union is traced. The gaps in empowering citizens with the Basic Law the right to manage state affairs through the judiciary are highlighted. The use by leading domestic researchers of this constitutional law of a set of standard formulations for the most widely used definitions of citizens' constitutional right of participating in the process of justice administration is stated. The key goal of study done was to create a concept that defines the Russian Federation citizens' right of participating in the state affairs management by the meals of judiciary, based on an analysis of existing points of view on the essence of under study. As a result, conclusions were made about the need for further improvement of legislation to clearly formulate the citizens' right to participate in the justice administration and to separate this right from citizens' participation in organizing judicial activities.
Economic Problems and Legal Practice. 2021;17(1):116-120
pages 116-120 views

Special aspects of the legal regulation of payment of remuneration to employees for their innovative activities within the framework of carrying out their employment duties

Yakovleva A., Katkov S.

摘要

The national economy of any country cannot develop effectively without the constant involvement of new knowledge and the results of scientific achievements. At present the results of intellectual activity most often are employment-based, therefore they are created not only thanks to their authors, but also thanks to the employers who provide conditions for innovative activity. The most obvious form of real benefit to an employee for the transfer of rights to his or her invention is money or money equivalent. In relation to this issue a question arises: what amount of money shall be considered as fair, reasonable and sufficient? In that context, this paper, using the example of the regulatory legal acts of the Russian Federation (Rules for the remuneration payment for employee inventions, utility models and industrial designs, 2020) and Japan (Japanese Patent Law, 1959, as amended in 2015) examines the special aspects of legal regulation that determine the grounds for paying remuneration to employees for their innovative activities as part of their employment duties.
Economic Problems and Legal Practice. 2021;17(1):121-129
pages 121-129 views

Problems of legal regulation in the sphere of economic turnover of the object of construction in progress

Krasnov V., Skryachev A.

摘要

The study is devoted to the substantiation of a number of proposals of a regulatory, organizational and legal nature in the field of economic turnover of an object of unfinished construction, which acts as a subject of scientific interest. The methodological basis of the study consists in the application of general methods of cognition, such as methods of analysis, synthesis, generalization, the method of an integrated approach and a systemic method. In addition, special legal methods of cognition, traditional for legal science, were used: the formal legal method, which is used to analyze legal structures and formulate legal definitions; comparative legal method, which is a sequential study and comparison of several similar objects. The conclusions of the study are: 1) the ownership of the object of construction in progress requires a certain improved regulation procedure; 2) it is necessary to provide for a set of measures to stimulate the owner (developer) to obtain a permit for commissioning as soon as possible; 3) a substantiation of the need for the emergence of judicial practice in relation to the object of construction in progress in the form of a Resolution of the Plenum of the Supreme Court of the Russian Federation; 4) proposals for the legalization of hidden work carried out at the object of construction in progress; 5) a proposal for the adoption of the «Rules for conducting an administrative survey of objects of construction in progress»; 6) the complex nature of measures to strengthen personal responsibility for violations in the field of housing construction, when the subject of relations is an object of construction in progress.
Economic Problems and Legal Practice. 2021;17(1):130-134
pages 130-134 views

On the inextricable link between the personality of the participant and the society on the example of law enforcement practice on bringing the debtor's controlling persons to subsidiary liability

Shapsugova M.

摘要

The purpose of the research. Bankruptcy proceedings increasingly involve not only controlling persons but also members of their families. The reason for this is the conflict of interests of the family and creditors. The development of bankruptcy legislation leads to a reduction in the possibilities of preserving the property of family members from collection under the obligations of the controlling person of the debtor. Until recently, one of these methods was the alienation of property in favor of a minor, which undoubtedly led to a violation of creditors' interests. The need to protect creditors' interests gave rise to new specific forms of lawmaking by the higher courts, in particular, bringing the children of the controlling debtor to responsibility. This decision seems to be controversial. This is the exhaustion of the theory of independent legal personality of a legal entity and the lack of a theoretical justification for the implementation of entrepreneurial activities of citizens in the form of participation (membership) in a legal entity. The article aims to identify sources of legal uncertainty in bringing the children of the controlling debtor to respond within bankruptcy procedures. The article analyzes the judicial practice in cases of bringing family members of a controlling debtor, including children, as controlling beneficiaries, to subsidiary liability for society's obligations through the prism of the conscientiousness of the exercise of parental rights and the conscientiousness of a minor. Results. It is proposed to introduce into legislation two presumptions: a refutable presumption of the conscientiousness of a parent and an irrefutable presumption of a child's good faith as a tool to save a minor from civil death through the fault of the parents.
Economic Problems and Legal Practice. 2021;17(1):135-139
pages 135-139 views

Legal regime of database as object of copyright and related rights

Sviridova E.

摘要

The article analyzes the dual legal nature of the database as an object of copyright and as an object of related rights, considers the legal regimes of the database under Russian and French law, explores alternative options for the legal protection of the database as a complex object and as a composite product. It is proposed to use the experience of the French legislator and consider the originality of the database as a necessary condition for providing copyright protection. The main difference of the database as an object of copyright is its originality, by which, in relation to the database, it should be understood that the structure and systematization of materials resulting from the creative activity of its author are independent, non-obvious and unique. Due to the instability of the database form, it is necessary to evaluate it for compliance with the originality criterion immediately after its creation.
Economic Problems and Legal Practice. 2021;17(1):140-145
pages 140-145 views

David Ricardo on investment

Shpinev Y.

摘要

The article examines the views of one of the founders of classical economics, David Ricardo, on the issues of investment, capital and profit. The need for this study is caused by the lack of a single definition of investment in the regulatory acts of investment legislation, as well as in the scientific community. Thus, there is a problem of regulatory regulation of one of the most important concepts of the economy. Given that the concepts of investment, capital, and capital investment are primarily economic categories, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation. The scientific novelty of the study is that despite a large number of works on the work of David Ricardo «The Beginnings of Political Economy and Taxation», no special work was carried out on the contribution of the great economist to the theory of investment. Conclusions. The main achievements of Ricardo in the field of capital and investment include the author's definitions of capital, free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment.
Economic Problems and Legal Practice. 2021;17(1):146-151
pages 146-151 views

Features of exclusion of exclusive right to trademark and trade secrets

Battakhov P.

摘要

This article discloses the essence and considers the main conditions included in the agreements on the alienation of the exclusive right to a trademark and secrets of production. A detailed analysis of the current problems related to the procedure for concluding such civil contracts was carried out, and the features of partial alienation of the patent for a group of intellectual property objects were also investigated. A study of the legal framework of this problem revealed inconsistencies in the rules on the transition of exclusive law, which became the basis for the development of specific proposals for their improvement.
Economic Problems and Legal Practice. 2021;17(1):152-155
pages 152-155 views

Possibility of paying to the authorized capital of legal entities in digital rights

Zyulkov D.

摘要

No one doubts that digital rights are an asset whose value can be expressed in monetary terms. Since blockchain technology has no borders and access to crypto exchanges can be obtained by anyone who speaks basic English, the interest in digital rights on the part of entrepreneurs is increasing. This technology allows you to increase the speed of investment and make the transfer of an asset easier and more reliable (by making an entry in a distributed registry). In this regard, in this article, the author discusses the possibility of adding digital rights to the authorized capital of legal entities. This opportunity allows entrepreneurs to attract investment from anyone who wants to support their project. As a result, lawmakers and legal practitioners are faced with the need to develop tools for fixing the transfer of digital rights and their further protection from any fraudulent actions. It is also worth noting that the nature of the activities of some modern companies (startups) involves working exclusively with digital rights, as a result, attracting investment in the form of capital investments is less effective for them than using digital rights. The task of an entrepreneur is to use all available tools for business development, while this activity should be within the legal framework, so that if a conflict situation arises, it can be resolved in court. For this purpose, the author analyzes the current legislation regulating the turnover of digital rights. Purpose of the study: is to analyze the readiness of the legal framework in the Russian Federation and the possibilities for adding digital rights to the authorized capital of legal entities. Conclusions: The document confirming the ownership of a person's digital rights can be an expert study of the computer and credentials from electronic exchanges. The conclusion about the ownership of cryptocurrency to a person is made on the basis of the presence on the computer's hard disk of all the codes necessary for managing funds. The document confirming the transfer of ownership of digital rights from an investor to a legal entity is an act of acceptance and transfer of the public and private key from the electronic wallet on which the cryptocurrency is stored, certified by a notary.
Economic Problems and Legal Practice. 2021;17(1):156-160
pages 156-160 views

Legal framework for supporting non-profit organizations during the novel coronavirus infection pandemic

Ryumin A.

摘要

Purpose of the study. The article discusses measures of state support for non-profit organizations during a pandemic of a new coronavirus infection. Changes in legislation at the federal level are analyzed, and innovations in regional legislation are also considered. The aim of the study is to study the measures of state support for non-profit organizations, including socially oriented ones. To do this, the author examines the registers of socially oriented non-profit organizations, as well as the procedure for including non-profit organizations in such a register. Findings. As a result of the study, the author comes to the conclusion that the list of support measures for small and medium-sized businesses is more expanded than the same list for non-profit organizations. In particular, the author notes that it is impossible for the non-profit sector to receive subsidies to pay salaries to employees as provided for in the case of commercial organizations. In addition, the author notes the presence of a subjective approach when a particular organization is included in the register of NPOs, since the requirements are rather vague. The author also notes the need to consolidate in the legislation the procedure for assigning a socially oriented status to a non-profit organization in order to exclude discrimination when receiving state support.
Economic Problems and Legal Practice. 2021;17(1):161-165
pages 161-165 views

Legislative regulation of the removal of children by foreigners through the surrogacy procedure: overview of the working group meeting in the State Duma of the Federal Assembly of the Russian Federation

Dovnar A.

摘要

This review article was prepared based on the results of the meeting of the working group on legislative regulation of socially significant issues held in the State Duma of the Federal Assembly of the Russian Federation on the topic: «Legislative regulation of the removal of children by foreigners through the surrogate motherhood procedure». This meeting was a continuation of comprehensive measures for the development of state policy in the field of legal regulation of assisted reproductive technologies (ART) in our country, which were initiated during public hearings at the Public Chamber of Russian Federation in December of the last year (a review of the Public Chamber hearings was published in the journal «Gaps in Russian legislation», No. 1, 2021). At the meeting of the working group the problem of the removal of children born to surrogate mothers abroad was brought up again. The participants in the discussion stated that the well-established process of actual trade in children causes significant damage to demographic stability (through reproductive tourism there is an outflow of the population from the country), violates the rights of minors (the child is perceived as an object of transaction) and other participants in surrogacy programs (surrogate mother, surrogate spouse, genetic parents, medical workers), and is a real threat to national security. Taking into consideration the amendments to the Constitution of the Russian Federation and at the same time considering the multifaceted nature of the stated problems, it was decided to develop point amendments to the legislative acts on health protection (to establish a ban on the use of ART by foreign citizens and single men and women), civil registration (to make civil registry offices responsible for registering the birth of a child with a certificate of marriage for the parents), information and information technology (to provide for a ban on advertising of surrogacy and its support services) to prevent the uncontrolled transportation of children abroad, after which the relevant committees of the State Duma will begin detailed examination of draft laws in the field of reproductive technology.
Economic Problems and Legal Practice. 2021;17(1):166-174
pages 166-174 views

Procurement and legal activities of Russia, China, Mongolia, Republic of Korea: financial and control aspect

Konovalova Z., Myakhanova A., Dondokova M., Kovsh A., Gunzynov Z.

摘要

The article examines the features of the legislative system of public procurement in the People's Republic of China, the Republic of Korea, Mongolia and the Russian Federation. The key provisions of financial control are highlighted. The priorities of the state policy of these countries in the field of public procurement are noted. The legislation of these countries contains a number of provisions that can be taken into account when improving Russian legislation. So, the Chinese and Mongolian legislation, in contrast to the Russian, is more laconic, does not have a reference character, etc. Thus, the urgency of further conducting a comparative legal analysis of the legislation of the People's Republic of China, Mongolia, the Republic of Korea and the Russian Federation in the field of procurement is obvious. Purpose: To identify the distinguishing points in the conduct of financial control and the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation, the People's Republic of China, the Republic of Korea and Mongolia. Conclusions obtained in the course of the study: The forms of financial control are indicated in the legislation of Russia and China, while they are absent in Mongolia. In the PRC and Mongolia, the types of violations and measures of responsibility for violations in the field of procurement are reflected in the legislation governing procurement activities, while in Russia the types of violations and measures of responsibility are specified in the Administrative Offenses Code of the Russian Federation and the Criminal Code of the Russian Federation. Also, in the domestic legislation and legislation of Mongolia, an incomplete list of terms is indicated, in contrast to the legislation of the PRC, etc.
Economic Problems and Legal Practice. 2021;17(1):175-183
pages 175-183 views

Features of the legal protection of wildlife objects in the use of subsurface resources on the continental shelf of the Russian Federation

Sokolnikova E.

摘要

The article is devoted to identifying the features of the legal protection of wildlife objects in the use of mineral resources on the continental shelf of the Russian Federation. Based on the results of the study of the current legislation, as well as strategic planning documents, the conclusion is formulated that the mechanism for protecting the environment, including wildlife objects, in the implementation of economic activities for geological exploration, exploration and extraction of minerals on the continental shelf of the Russian Federation should be recognized as sufficiently effective. At the same time, a number of major accidents at oil and gas facilities show that environmental damage and the cost of its elimination can reach significant amounts. In this regard, the article substantiates the conclusion that it is necessary to adjust the provisions of the Methodology for Calculating financial support for the implementation of measures provided for in the plan for the prevention and elimination of oil and oil products spills in terms of securing increased financial obligations of companies aimed at preventing and eliminating the consequences of accidental oil and oil products spills on the continental shelf of the Russian Federation, as well as man-made emergencies.
Economic Problems and Legal Practice. 2021;17(1):184-189
pages 184-189 views

To the question of improving the prevention of interference of legal business and other activities

Shkhagapsoyev Z., Akkaeva H.

摘要

This article examines crimes in the economic sphere. Counteraction to these crimes is of particular importance for the state. Effective counteraction is a set of measures that are aimed at comprehensively preventing the commission of criminal acts, both in the initial version and in the repeated one. In this context, preventive measures, which are focused on excluding the development of factors that contribute to the growth of crime in the economic sphere, are of paramount importance. Currently, this crime is often committed by representatives of public authorities, which negatively affects their functioning and causes significant harm to the state economy. Modern entrepreneurial activity requires not only support from the state, but illegal behavior in this area is also unacceptable. The purpose of writing a research paper is to analyze the existing mechanisms for preventing the obstruction of legal entrepreneurial or other activities, to identify existing problems and determine priority ways to solve them. The author considers it necessary to improve preventive activities in terms of strengthening analytical work with existing cases of crime in order to identify the causes and motives of criminal behavior and their further exclusion. Attention is focused on the need to toughen criminal liability for the analyzed criminal act. The effectiveness of the prevention of the above-mentioned crime on the part of business entities is also noted.
Economic Problems and Legal Practice. 2021;17(1):190-193
pages 190-193 views

Obstruction of legal entrepreneurial activity: peculiarities of law enforcement

Akkaeva H.

摘要

The economic sphere plays an important role in the development of the state. Entrepreneurs are actively involved in economic activities. In this regard, in the National Security Strategy of the Russian Federation, a special place is given to state regulation of the economic sphere. Free exercise of entrepreneurial activity in the Russian Federation is guaranteed by the Constitution of the Russian Federation. However, at present, it is not uncommon for the said constitutional guarantee to be subjected to criminal encroachments on the part of officials, expressed in the obstruction of legitimate business and other activities. One of the most effective ways to protect the rights of business entities from illegal obstruction of their activities today is criminal law protection, carried out through the application of Art. 169 of the Criminal Code of the Russian Federation. However, the disposition of the aforementioned norm of criminal legislation cannot be considered perfect, it contains gaps and shortcomings. They complicate the process of bringing officials to criminal responsibility for committing the illegal actions specified in it. This circumstance necessitates the elimination of the existing shortcomings, which will allow the state to ensure freedom of entrepreneurial activity guaranteed at the constitutional level. Analyzing the criminal law and judicial practice, the author comes to the conclusion that it is necessary to provide explanations by the Plenum of the Supreme Court of the Russian Federation on issues related to the application of Art. 169 of the Criminal Code of the Russian Federation, as well as the advisability of developing specific measures aimed at preventing the commission of the crime by state officials.
Economic Problems and Legal Practice. 2021;17(1):194-197
pages 194-197 views

Trends in cybercrime in the global information space

Tarchokov B.

摘要

The purpose of this study was to study the development of cybercrime in the global information space. As you know, the introduction of information technologies in various spheres of human activity and life and the formation of an information space called cyberspace, led to the growth of this phenomenon. The objectives of the study are to analyze the causes that allowed humanity to reach the global level of information exchange, which, on the one hand, opened up new ways of development, and, on the other, gave rise to a number of problems that go beyond the capabilities of one state. Conclusions: information and communication technologies have become part of the life of modern society, any illegal interference in their activities can harm not only an individual citizen, but also the state as a whole. And, as you know, crime always keeps pace with the times, that is, the ways and means of committing crimes are constantly being improved, the list of objects of criminal attacks is expanding, and the latency of criminal attacks is increasing. Nevertheless, even illegal activity is one of the signs of the stage of development of society, and the emergence, development and spread of cybercrime and cybercrime is part of the recent history of mankind, and not a separate state. The public danger of the problem under consideration is recognized at the international level. These crimes are characterized by a high degree of latency and a significant complexity of investigation. In addition, there is a third factor - scale, that is, cybercrime can be committed wherever there is the Internet, network structures or information technologies, so it is so important to ensure an effective and optimal criminal law policy in the fight against this type of crime at the international level.
Economic Problems and Legal Practice. 2021;17(1):198-201
pages 198-201 views

Paid government services as one of the factors in leveling corruption aggression

Bondar A., Kuchmezov A.

摘要

The article discusses the issues of optimization of the sphere of rendering public services in modern conditions, taking into account the possible introduction into the activities of state bodies of legal tools for the provision of such services on a paid and urgent basis. The paper notes the relationship between corruption determinants and excessive bureaucratization of state institutions. The works of modern researchers are analyzed, as a result of which, appropriate conclusions and proposals are made to level the risks of corruption aggression.
Economic Problems and Legal Practice. 2021;17(1):202-205
pages 202-205 views

The recurrence of the crime: criminal-legal and criminological problems, and some solutions to them resolve

Seregina E., Panferova A.

摘要

The article is devoted to the criminal-legal and criminological aspects of recidivism. Attention is drawn to the fact that the problem of the institution of recidivism is complex in terms of both legal nature and content. The authors have identified numerous discrepancies in the interpretation of recidivism, analyzed its essential legal features, in particular the sign of a criminal record, and developed a uniform approach to its criminal-legal assessment. The features and individual measures of prevention of recidivism are revealed, the role of normative legal acts in the formation of the legal basis for the prevention of repeated crimes is determined. The aim of the study is to identify legislative, theoretical and law enforcement problems of recidivism that affect the effective prevention of recidivism. The methodological basis of the research is the methods of analysis and synthesis, induction and deduction, the method of interpretation of legal norms, which allows to analyze in detail the criminal-legal and criminological aspects of recidivism. As a result of a detailed analysis of regulations, criminal law doctrine and legal positions of the highest courts of Russia on the recognition of recidivism, the authors come to the conclusion that there are problematic aspects of this institution, as well as the need to find possible ways to eliminate them.
Economic Problems and Legal Practice. 2021;17(1):206-210
pages 206-210 views

Application of the rule on physical or mental coercion and some ways to improve the effectiveness of its implementation

Seregina E., Gaidenko E.

摘要

The article deals with the problem of determining the legal nature of physical and mental coercion. Attention is drawn to the fact that the interpretation of the criminal law norm provided for in article 40 of the criminal code of the Russian Federation has a number of difficulties caused by the presence of evaluation features, which makes its application in practice difficult. Special attention is paid to the correlation of the concepts of «compulsion», «irresistible force», «violence», «compulsion». The methodological basis of the research is the methods of analysis, synthesis, deduction, induction, as well as the method of authentic, judicial and scientific interpretation of criminal law norms. Based on the study of the theoretical positions of scientists and the analysis of judicial practice, the conclusion is made about the immaturity of the institution of physical or mental coercion. In order to increase the effectiveness of the implementation of the norm on physical or mental coercion, the author's version of its modeling is proposed.
Economic Problems and Legal Practice. 2021;17(1):211-214
pages 211-214 views

Peculiarities of countering the illegal traffic of narcotic drugs and psychotropic substances in Russia

Kumysheva M.

摘要

Countering crime is essential to ensure the stable functioning of any state. In this regard, some illegal acts pose a threat not only to the institutions of state power, but also directly negatively affect the health and life of the population. A similar criminal act is the illegal circulation of narcotic drugs and psychotropic substances, which is currently found in the practice of many states. The scale of the problem of the spread of drug-related crimes is intensified by a significant increase in transnational organized crime, whose representatives commit major illegal acts regardless of the borders of a particular state or region and are capable of causing serious harm simultaneously in many parts of the world. Taking into account the existing risks of the spread of drug addiction, close attention of state authorities, including law enforcement bodies, is paid to the issues of effectively combating the illicit trafficking of narcotic drugs and other prohibited substances. The purpose of writing a research paper is to analyze the features of countering the illicit trafficking of narcotic drugs and psychotropic substances in Russia. The author comes to the conclusion that it is necessary to constantly improve the mechanisms for combating illicit trafficking in narcotic drugs and psychotropic substances, taking into account the existing realities. Attention is focused on the features of the existing countermeasures, within which the most effective areas of this work are identified. Despite significant achievements in solving drug-related crimes, it is noted that it is necessary to prevent and prevent this illegal behavior among all categories of the population. As a promising direction for improving the existing mechanisms, it is also highlighted to draw public attention to the problems of the spread of drug-related crimes.
Economic Problems and Legal Practice. 2021;17(1):215-219
pages 215-219 views

Actual problems of the institute of judgment

Rogava I., Chernobaeva O.

摘要

The article is devoted to the study of the most urgent problems of the institute of criminal record. The country's significant reforms in the field of criminal and penal policy, aimed at strengthening the rule of law, humanization of legislation is impossible without application of measures of criminal-legal nature, one of which is a record. The authors conduct a criminal-legal analysis of the category of «conviction» and propose a legal definition of the concept; on the basis of the study, problems are identified related to the application of norms on the cancellation and removal of convictions, the definition of criteria for «impeccable» behavior. It is concluded that the existing gaps in the legislation give rise to discrepancies in judicial practice. The norms of the current Criminal Code of the Russian Federation, regulating the institution of criminal record, need to be improved by clarifying them and supplementing them with certain provisions. The aim of the study is a scientific and practical analysis of the institution of criminal record as a criminal legal category, clarification of the legal content and assessment of the practice of applying the norms on criminal record, as well as preparing proposals aimed at improving the criminal legislation governing this institution and the practice of its application. The methodological basis of this research was the dialectical method of cognition, as well as the methods of system analysis and synthesis, induction and deduction, comparative legal and statistical methods, and the method of studying criminal cases. The theoretical and practical significance of the work lies in the fact that the conclusions and recommendations contained in this study can be used to improve the norms governing the institution of criminal record in Russian criminal law.
Economic Problems and Legal Practice. 2021;17(1):220-223
pages 220-223 views

Problems of application of criminal law norms establishing responsibility for smuggling in Russia, and ways to overcome them

Kravtsova E., Litvinov D.

摘要

The work examines topical issues of the application of criminal legislation, establishing liability for smuggling. In particular, the analysis of the criminal legislation of the member states of the Customs Union on the qualification of crimes related to the illegal movement of strategically important goods and resources, cultural values across the customs border is carried out. The article reveals the issues of determining the object and subject of smuggling, highlights the key problems of their legal regulation, as well as practical implementation. It is concluded that there are problems in the application of this norm, some measures for theoretical and practical improvement are proposed. In particular, it is proposed to revise the approach to determining the object and subject of the crime provided for in Article 226.1 of the Criminal Code of the Russian Federation.
Economic Problems and Legal Practice. 2021;17(1):224-226
pages 224-226 views

To the question of the effectiveness of penalties for bribery

Donskaya (Kavelina) O., Moskaleva E.

摘要

The article analyzes the domestic experience in countering bribery. The authors come to the conclusion that the punishment for bribery is distinguished by excessive alternatives. The amount of fines is often so high that convicts have no real opportunity to pay them. The content of the article substantiates proposals on the need to revise the scale of the multiplicity of fines in relation to the amount of the bribe. Important attention should be paid to the prevention of corruption by raising the level of morality and legal literacy of the population.
Economic Problems and Legal Practice. 2021;17(1):227-230
pages 227-230 views

The transformation of terrorism after the second world war

Donskaya (Kavelina) O., Belyaev A.

摘要

The article is devoted to the issues of the historical and criminological development of terrorism in the second half of the XX - early XXI centuries. The activity of the main terrorist organizations of this period is analyzed. Terrorism undermines the system of state power and the normal functioning of state bodies, weakens the institutions of society, through the systematic commission of violent actions, intimidation and intimidation. The authors come to the conclusion that terrorism is not an ideology, but a social phenomenon and a tool (method) for radical groups to achieve their goals.
Economic Problems and Legal Practice. 2021;17(1):231-234
pages 231-234 views

Features of crime prevention in the sphere of economic activities

Fakov A.

摘要

Economic activity is the basis and driving force of all processes in any state, and the Russian Federation in this case is no exception. In addition to the economic crisis, which seriously affects the economic potential of Russia at the present time, the spread of crime has significant negative consequences for this area. Economic crimes, regardless of their scale, pose a serious threat to the stability of the functioning of the state, in connection with which there is always close attention to them on the part of state authorities and society as a whole. However, despite the active fight against the above crimes, illegal behavior in the sphere of economic activity is gaining momentum, in connection with which it seems relevant to improve countermeasures. The purpose of writing a research paper is to identify the features of crime prevention in the field of economic activity. The author comes to the conclusion that economic crimes in their essence have a number of features, in connection with which the organization and implementation of preventive measures are also distinguished by their qualitative originality. Attention is focused on the need to improve preventive measures, taking into account the dynamic development of the activities of criminal communities in the above-mentioned area, in connection with which it seems necessary to pay special attention to economic crimes committed using information and digital technologies. The development of their legal culture and increasing the level of legal literacy, which are able to prevent the analyzed unlawful behavior, as well as eradicate, in their opinion, violations of legislative requirements that are objectively justified, are highlighted as promising areas of preventive work with economic entities.
Economic Problems and Legal Practice. 2021;17(1):235-238
pages 235-238 views

Prosecutor in pre-trial proceedings on criminal cases (comparative legal analysis of the legislation of European States and the legislation of Russia)

Levchenko O.

摘要

The purpose of this study is to identify the special role of the Prosecutor in pre-trial proceedings in a criminal case. Objectives of the study: a) to analyze the standards of the Prosecutor's activity in a criminal case, reflected in the documents of the Council of Europe; b) to determine the specifics of the legislation of a number of European countries and the Russian state, containing the rules and procedures for the Prosecutor's participation in pre-trial proceedings in a criminal case; с) show the positions that exist in the doctrine of criminal procedure law regarding the role of the Prosecutor at the pre-trial stages of the criminal process d) justify recommendations for further enhancing the role of the Prosecutor in pre-trial proceedings in a criminal case. The methodological basis of the research is the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods (historical-legal, comparative-legal, logical-legal, etc.). Conclusions: the Prosecutor must have full power to implement the accusatory function, both in court and during pre-trial proceedings. This common European legal standard, which is present in all developed criminal procedure procedures in continental Europe, is violated in Russia: where the Prosecutor's procedural rights to charge and form evidence are limited due to the principle of procedural independence of the investigator. The author believes that it is necessary to return to the common European legal standard of participation of the Prosecutor in the preliminary investigation of a criminal case.
Economic Problems and Legal Practice. 2021;17(1):239-243
pages 239-243 views

Digital evidence in the Russian criminal process: history, problems and development prospects

Rogava I., Datumyan S., Kurennaya A.

摘要

The article is devoted to the study of information evidence as a new type of evidence in criminal proceedings. Informational evidence, due to modern realities, takes place, since the active introduction of digital technologies has also affected the spheres of judicial and law enforcement, including criminal proceedings. Unfortunately, the current Criminal Procedure Code of the Russian Federation does not in any way reflect their position in the system of evidence in a criminal case, which gives rise to many problems. The authors analyze the foreign experience of legal regulation of information evidence. It is concluded that the use of information evidence in criminal proceedings is a promising direction. It is proposed to introduce informational evidence in criminal cases as an independent type of evidence, with the assignment of a special provision to them, the development of a procedure for collecting, correct assessment and verification of such evidence. The purpose of the study is to substantiate the need to introduce information evidence as an independent type of evidence into the current criminal procedural legislation. The methodological basis of this research was the dialectical method of cognition, as well as the methods of system analysis and synthesis, induction and deduction, comparative legal and statistical methods, and the method of studying criminal cases.
Economic Problems and Legal Practice. 2021;17(1):244-248
pages 244-248 views

Compromise behavior of the participants of a criminal process at the stage of familiarization with the criminal case file

Rodionova J.

摘要

In the article the author raises the existing problems of delaying the familiarization with the criminal cases files by the accused and their defenders in the investigative practice. All of them are related to the fact that the criminal procedure law does not fully contain compromise patterns for the behavior of participants in criminal procedure to exercise their rights in the implementation of Article 217 of the Criminal Procedure Code of the Russian Federation. This leads to a restriction on familiarization with the criminal case in time, violation of the rights of the accused either involving the defense lawyer or not. The implementation of equal procedural conditions for the parties of a criminal procedure should be based on compromise and equality.
Economic Problems and Legal Practice. 2021;17(1):249-252
pages 249-252 views

The main areas of activity of law enforcement agencies to combat corruption in corporations in the context of digitalization

Molchanova M.

摘要

The article analyzes the main areas of activity of law enforcement agencies to combat corruption in corporations in the context of digitalization. The effectiveness of the use of digital technologies in the field of combating corruption in corporations depends on the levels of digitalization in the activities of government agencies and business structures. The article substantiates the need for effective use of digital platforms by law enforcement agencies in order to combat corruption in corporations. Digitalization has a number of advantages, but this process is increasingly subject to corruption risks. Legislative regulation and law enforcement practice must correspond to the rapidly changing model of the development of public relations in the context of digital reality. The purpose of the article. Analyze the theoretical approaches and practical directions of law enforcement agencies to combat corruption in corporations in a digital environment. Analyze trends in the development of public relations in this direction and propose mechanisms for improving the activities of law enforcement agencies in the context of an inevitable and natural digital transformation. Methodology and methods: to implement the goals and objectives set in this article, the author used the methods of deduction, induction, analysis and synthesis. Conclusions: as a result of the study, the author comes to the conclusion that there are problematic aspects in the considered activities of law enforcement agencies in a digital reality, and suggests some measures to improve the activities of law enforcement agencies in the field of combating corruption in corporations. Scope of the results: this article may be of interest to students of higher educational institutions, graduate students, as well as researchers interested in the problem under consideration.
Economic Problems and Legal Practice. 2021;17(1):253-257
pages 253-257 views

On the need to improve the methodology for investigating fraud in the healthcare sector

Shlyapnikov Y.

摘要

Health Protection is a constitutional right, the significance of which is determined by the establishment of criminal legal protection. But in order for this protection to be effective, we need a technique that would allow us to solve these crimes as effectively as possible and expose those responsible for them. At the same time, it is necessary to proceed from the variety of types of encroachments on the relations that are formed about this right. The most dangerous of these attacks is fraud, in which the medical services provided are largely fictitious, allowing potential patients to be robbed in order to improve their health. The problems and features of the investigation of these crimes are considered in the proposed article.
Economic Problems and Legal Practice. 2021;17(1):258-261
pages 258-261 views

Processes and forensic standard operating procedures in the production of Forensic examination of Vehicle Markings

Chesnokova E.

摘要

The purpose of this paper is the example of forensic marking symbols examination to show the relationship traditionally adopted in jurical expertology stages and algorithms expert research with the processes and procedures of such studies according to the international standard GOST ISO/IEC 17025-2019 «General requirements for the competence of testing and calibration laboratories». Currently, the accreditation of forensic laboratories is carried out in accordance with the specified standard and, therefore, the adaptation of the provisions (requirements) contained in it is an urgent issue of standardization in forensic activities. In the course of the study, the following conclusions were formulated. Stages and algorithms as traditional concepts of the theory of forensic science can be represented in the form of processes and forensic standard operating procedures. In this study, this is illustrated by the example of some of the steps contained in the methodological recommendations for the production of forensic examination of vehicle markings.
Economic Problems and Legal Practice. 2021;17(1):262-268
pages 262-268 views

Identification and disclosure of economic crimes committed by persons involved in the process of using budget allocations and mandatory targeted deductions

Gorbanev V., Korolev A.

摘要

The purpose of the study. Crimes in the economic sphere have a huge negative impact on the social sphere, on the creation of conditions that ensure a decent life and free development of a person. The country's economy actively uses and uses the useful properties of the earth and other natural resources as a source of life and activity of the peoples living on the territory of the Russian Federation. The Constitution guarantees the right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. However, the increased attention of the legislator is focused on the prohibition of monopolization and unfair competition, which blocks the ability to carry out economic activities. In order to increase the level of openness of public authorities, the participation of civil society in government and the introduction of modern mechanisms of public control, measures are being implemented to disseminate reliable information about the activities of State bodies, their territorial bodies, local self-government bodies or organizations subordinate to state bodies, local self-government bodies in the information and telecommunications network Internet. Results: Bipc unit of the MIA of Russia - the structural unit of the police, which is part of a centralized system of Federal Executive authority in the sphere of internal Affairs, can't stay away from the modern reality, and have to actively use the capabilities and competencies aimed at the detection of economic crimes, the details of which can be distributed to the modern ways of information.
Economic Problems and Legal Practice. 2021;17(1):269-273
pages 269-273 views

The activities of the investigator in planning the investigation environmental crimes and ways to optimize it

Vasilyeva M.

摘要

The increase in the number of registered environmental crimes in Russia and the strengthening of their transnational nature are of concern to scientists, both in our country and abroad. Lorraine Elliott notes the significant economic consequences of crime in the environmental sphere and focuses on improving the quality of the investigation, as one of the options for optimizing the situation. Reserves for improving the current situation can be found in improving the quality of the work of investigators in planning the investigation of environmental crimes. Based on the study of the materials of criminal cases qualified under articles of Chapter 26 of the Criminal Code of the Russian Federation «Environmental crimes», according to a specially developed questionnaire, taking into account the available forensic research in this area, it was possible to come to some conclusions. Planning the investigation as a whole, as well as conducting individual investigative actions on crimes in the field of ecology, is an integral part of the investigator's activity. The improvement of this work can be achieved by: a) the precise determination of the investigative situation that has developed at a certain point in the investigation; b) reasonable promotion of investigative versions, taking into account the analysis of criminally significant information collected and the developing investigative situation; c) improving the quality of interaction of the investigator with employees of other departments of his department, with employees of other law enforcement and environmental authorities during the planned investigative actions, operational-search and other measures of a procedural and organizational nature. The obtained conclusions can be used in the preparation of methodological recommendations for the investigation of environmental crimes, improving the existing private methods of investigating environmental crimes, creating a methodology for investigating environmental crimes of certain groups, for example, related to the removal of natural resources from the environment. The implementation of the proposed positions in the practical activities of law enforcement agencies can increase the detection of crimes of the studied category, contribute to the optimization of the investigation of environmental crimes. Improving the quality of the investigation of environmental crimes by improving planning activities contributes to the inevitability of the onset of punishment, which can strengthen the prevention of the commission of such illegal acts. The article is of interest to postgraduates, adjuncts, masters, students, cadets and trainees, teachers of law schools, as well as practitioners of law enforcement agencies.
Economic Problems and Legal Practice. 2021;17(1):274-277
pages 274-277 views

Information security as an element of the national security of the Russian Federation

Zhukov A., Ingushev C., Bitov A.

摘要

The article examines the issues of ensuring the national security of the state in an informational perspective. The digitalization of all spheres leads to an increase in the number of crimes in the information sphere. The modern state is distinguished by a high level of informatization and digitalization, information is becoming a strategic resource. The effectiveness of national security largely determines the level of information security. This indicates the relevance of the research topic. The purpose of this study is to determine the relationship between information and national security and assess the existing problems in information security. The analysis of the existing regulatory and legal framework in the field of regulation of information relations is carried out. Since it is the legal regulation of relations in the field of information circulation that is the foundation for building an effective information security and national security system, respectively. The methodological basis of the study is theoretical and analytical research tools. As a result of the theoretical study, it was revealed that it is necessary to develop the regulatory, economic, personnel and technological components of the information security institute. The state policy in the field of information security as an element of national security is reflected in a number of strategic documents, which makes it possible to further develop the information protection system.
Economic Problems and Legal Practice. 2021;17(1):278-283
pages 278-283 views

Security issues in the use of digital technologies in public administration in Russian Federation

Mironov A.

摘要

The analysis of normative acts regulating information security shows that at present, digital technologies, despite their widespread use, are partially outside the scope of legal regulation. The author separates the concepts of information and digital technologies, revealing the prospect of allocating the latter to an independent object of regulation, which will improve the quality and security of public administration in the context of the development of the digital economy.
Economic Problems and Legal Practice. 2021;17(1):284-287
pages 284-287 views

The actual issues of the judicial representation reformation in civil and arbitral proceedings

Ginzburg I.

摘要

The right to judicial protection is enshrined as one of the most important rights of citizens and organizations, both within the framework of domestic and international sources of law. Absolutely all legal states should pay attention to those means that could ensure the realization of the right to judicial protection of everyone, regardless of gender, race, nationality. Among these funds, the possibility of attracting a representative in the process is highlighted, who could provide consulting assistance to persons participating in the case, ensure the possibility of appealing against judicial acts, and guarantee legal assistance. The article examines the international legal foundations of judicial representation as a guarantee of the realization of the right to access to justice. The article analyzes the changes in procedural legislation in terms of securing the educational qualification for a representative, draws conclusions about the prospects for the professionalization of the legal aid market.
Economic Problems and Legal Practice. 2021;17(1):288-293
pages 288-293 views
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