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卷 15, 编号 1 (2019)

Articles

Yubiley professora Borisa Abramovicha Rayzberga

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Economic Problems and Legal Practice. 2019;15(1):10
pages 10 views

LABOR AS AN ECONOMIC AND SOCIAL CATEGORY. MODERN IDEAS ABOUT THE NATURE AND PURPOSE OF LABOR, EMPLOYMENT OF THE POPULATION BY LABOR ACTIVITY

Rayzberg B.

摘要

The labor nature of the creation of material and spiritual values, the livelihood of people lies at the basis of the scientific and everyday vision of the processes of human activity. Economic theory, political economy includes the labor theory of value in its various interpretations. The article analyzes the various views about the nature and role of labor as a special form of human activity, generating multifaceted economic, political, social relations. An attempt was made to single out the criteria for real, meaningful, purposeful, productive labor.
Economic Problems and Legal Practice. 2019;15(1):11-15
pages 11-15 views

ANALYSIS of FOREIGN EXPERIENCE of EVALUATION SCIENTIFIC RESEARCH WORK

Tazikhina T., Loseva O., Fedotova M.

摘要

Specific financial, economic, investment and cost characteristics of research and development works as an object of valuation do not allow for the use of standard tools to measure their value, and therefore the challenge is to develop methods and models that allow for the correct measurement of R&D value, taking into account all their inherent features. The article discusses the experience of the UK, India, Australia in the field of evaluation of research and development works. The article performs a comparative analysis of the standards governing the accounting evaluation of R&D, discusses the current trend towards convergence, the need and the possibility of using the tools of valuation in terms of research and development works in the presence of an active market for R&D. The following tasks were posed and solved in the article: 1. The article disclosed the essence of research work and highlighted two main stages; 2. The article examined the experience of research and development works costs accounting in the UK, Australia, India; 3. The article defined features and common elements in the accounting and valuation at the stage of scientific research and the stage of development work; Materials and methods. The article used the regulatory and methodological materials relating to the disclosure of research and development works costs in financial reporting and their capitalization as IA. During the examination of the foreign experience, we used the methods of analysis, synthesis and comparison. Results. The result of the performed analysis of the of research and development works evaluation experience is the conclusion about the need and the possibility of using the tools of accounting and valuation in determining the value of universities. Identification of the general tendency for convergence of accounting and valuation in determining the value of scientific research confirms the need to expand the arsenal of valuation methods. Findings. The foreign experience of Great Britain, India, Australia is advisable to apply in the Russian economy with a certain modification, subject to the expansion of the scope of application of IFRS and the development of an active research and development market.
Economic Problems and Legal Practice. 2019;15(1):16-22
pages 16-22 views

SUBSTANTIATION OF APPROACHES TO THE DEVELOPMENT OF A MODEL OF COMPETITIVENESS OF SOCIO-ECONOMIC SYSTEMS IN THE DIGITAL ECONOMY

Sharkova A., Tolkachev S., Abdikeev N., Bogachev Y.

摘要

Information becomes the main resource that is transformed into knowledge, and socio-economic relations are transferred to the network space in modern conditions. The digitalization in business processes of economic entities increase the competitiveness of market participants, which requires an increase in the competitiveness of the entire socio-economic system. The purpose of this article is to substantiate the approaches to developing a model of competitiveness of socio-economic systems in the digital economy. Achieving these goals requires solving the following tasks: studying the theoretical aspects of assessing competitiveness, determining the role of digitalization in socio-economic systems, justifying approaches to developing a model of competitiveness of socio-economic systems. Works on this subject are presented in the works of J. Hollinsworth, M. Porter, H. Mackay, B. Karloff, and others. The model of competitiveness of socio-economic systems based on digital technologies including indicators of digitalization industry today, during the deployment of the Fourth Industrial Revolution. The article discusses the main approaches to the assessment of competitiveness in domestic and foreign practice. As part of the study, pre-industrial and post-industrial models of competitive advantage were studied. The global competitiveness index GCI is considered as an indicator characterizing the post-industrial model of competitive advantage formation. Also, the international index I-DESI can also used to analyze the development of the digital economy and the competitiveness of the national economy of the Russian Federation. The paper substantiates the main approaches to the development of a model of competitiveness of socio-economic systems in the digital economy. The method of competitiveness allows identifying the socio-economic system’s strengths and weaknesses of any level. Analyzing these parties will be priority management tasks of the authorities in order to increase the region’s competitiveness, and, hence the national economy as a whole. However, without a fundamental change in the entire economy, starting with a separate enterprise, industry and region, it is impossible to achieve an increase in the competitiveness of the state as a whole. In the future, it is advisable to expand the research topic on the example of economic entities of various sectors of the economy. Digitalization has a key role not only in business processes but also becomes an integral part of the daily life of the population. At present, work has already begun on the localization of international digital cooperation platforms, and pilot projects are being implemented. So the daily life of digital platforms solves many everyday problems. The social consequences of increasing the socio-economic system’s competitiveness in a digital economy will be characterized by a positive impact on the development of society through improved living standards and well-being of the population. The driver of improving the competitiveness of the national economy is industrial production, where the main place is occupied by the sector of scientific research, which will lead to leading technological positions in the world. In general, this will help improve the geopolitical situation in foreign markets and strengthen the country's position in the international division of labor. The originality of the article lies in the fact that the competitiveness of socio-economic systems is considered in the context of the digital economy since the factors of innovation and digital technologies must be taken into account. Currently, digitalization already covers enterprises of the aviation, automotive, shipbuilding, food industry, nuclear energy, the rocket, and space complex of Russia. Digital product twins are created, production processes are duplicated in a virtual environment. Thus, the transition to a distributed product creation model begins. In this regard, the article is valuable in creating a single digital space that includes different industries.
Economic Problems and Legal Practice. 2019;15(1):23-28
pages 23-28 views

ENSURING OF THE FORESTRY ECONOMIC SECURITY IN RUSSIA: THEORY AND PRACTICE

Bulgackova M.

摘要

The transformation of the demand structure and the level of competition head new trends in a modern society, which cause a significant influence to all subjects of the market economy including forestry. In this connection, security issues gain theoretical and practical relevance. Competitive advantages of forestry relate to different types of security including finance, defense and industry, food, environment, investments. The Article describes characteristics of the above mentioned types of security and facilitates linkages between them and forestry both in conjunction and separately. The practical aspect of economic security of forestry is represented by the analysis of statistics on wildfires, reforestation, as well as a number of identified forestry crimes.
Economic Problems and Legal Practice. 2019;15(1):29-33
pages 29-33 views

APPROACHES TO ESTIMATION OF STANDING TIMBER

Bulgackova M.

摘要

A practice of setting forestry payments on the basis of market prices as well as estimation of standing timber assortment are widespread in developed countries with the largest forest area. The Russian Federation applies methods of ‘socialist’ pricing of wood and standing timber. The Article describes the evolution of the state income generation from using of timber by citizens and legal entities; it also explores the structure of the Russian Federal budget expenditures for forestry. On the basis of criteria analysis the author made a comparative characteristic of different ways of forest management applied in the Russian Federation.
Economic Problems and Legal Practice. 2019;15(1):34-38
pages 34-38 views

CONSTRUCTION OF THE COGNITIVE MAP OF INFLUENCE RISK OF ORIENTED FACTORS IN THE LOGISTIC CHAINS OF THE RESOURCE ENTREPRENEURS OF LAW ENFORCEMENT ACTIVITY

Kozin M., Malyankin V.

摘要

The article discusses a methodical approach to constructing a cognitive map of the mutual influence of a complex of factors on ensuring efficiency in the logistics chains of resource support for law enforcement.
Economic Problems and Legal Practice. 2019;15(1):39-42
pages 39-42 views

ON THE QUESTION OF MODELING THE STRATEGY OF BEHAVIOR OF PARTICIPANTS OF CLOSED AUCTIONS: COMPETITION AND OPTIMAL CONTRACT PRICE OFFER

Kozin M., Lavrinov G.

摘要

The article discusses a method for determining the optimal price offer on the basis of an estimate of the cost of performing a contract and the average number of expected competitors. It is shown that the magnitude and significance of the contract may affect the number of bidders.
Economic Problems and Legal Practice. 2019;15(1):43-46
pages 43-46 views

INFLUENCE OF ECONOMIC AND POLITICAL FACTORS ON DEVELOPMENT OF TOURISM IN THE RUSSIAN FEDERATION

Tenova Z., Bekaldieva Z., Anishchenko E., Shomahova A.

摘要

In recent years, the Russian Federation is increasingly talking about the development of domestic and inbound tourism, since there are all the prerequisites for this in the country. Tourism can rightly be called a rich resource for improving the welfare of the state. However, the development of the tourism industry is influenced by many factors, among which economic and political factors are of particular importance.
Economic Problems and Legal Practice. 2019;15(1):47-49
pages 47-49 views

PENSION ASSETS MANAGEMENT IN A SOCIALLY RESPONSIBLE INVESTMENT CONCEPT

Esaulkova T.

摘要

In the article describes the basics of the concept of socially responsible investment, the principles of which are peculiarly reflected in the pension assets management processes. Socially responsible investment, on the one hand, can be viewed as a trend of the modern social policy of economically developed countries. But, on the other hand, the concept of this investment is not fully understood theoretically, in particular, not highlighted the risks, associated with such investment, not specified and the definition of socially significant objects.
Economic Problems and Legal Practice. 2019;15(1):50-53
pages 50-53 views

SELF-EMPLOYMENT: ENTITY, DYNAMICS AND FURTHER PERSPECTIVES

Arbaev G.

摘要

Despite an active discussion, currently the regulatory framework related to the self-employment has not completely developed in Russian Federation. Lack of the completed strategy as well as inconsistency of the measures taken by the government do not allow to establish favorable condition for self-employed to leave the informal sector of the economy. The article shows the dynamic of the legal status of self-employed and the current trends in the labor market that have an influence on self-employment.
Economic Problems and Legal Practice. 2019;15(1):54-57
pages 54-57 views

THE STUDY OF THE FUNCTIONS OF THE FINANCIAL AND BANKING INNOVATION

Manuilenko V., Borlakova A.

摘要

The paper highlights the interrelated functions of financial banking innovations: improving the competitiveness of the Bank in the market; increasing the number of customers; increasing sales of banking products; reducing the cost of operations. The manifestation of the function of financial banking innovation-reducing the cost of operations is shown by the example of the most innovative Bank of the domestic market - Sberbank of Russia through the use of innovation - an intelligent management system.
Economic Problems and Legal Practice. 2019;15(1):58-60
pages 58-60 views

FINANCIAL THREATS TO THE NATIONAL SECURITY OF THE STATE

Voskanian R.

摘要

Purpose. Based on a study of the practice of using finance in the geopolitical struggle of recent years, to identify the primary tool for the formation of a financial threat to the national security of the state. Findings. The author defines the role of finance as a factor in the formation of an external threat to the national security of the state from the position of a possible change in the geopolitical landscape. By the author, it has been identified the primary source of threats to the national security of the state in the sphere of finance in the form of cyber attacks aimed at destabilising the work of general financial institutions and reducing investor confidence in the state economy. Practical value. The results of the study can be used by the heads of financial departments of legal entities in order to improve the cyber risk management policy, as well as representatives of the insurance sector of the Russian economy in order to form and promote new products in the field of cyber insurance. Theoretical value. The practice of using finance and cyber attacks to create threats to the national security of the state has been studied. The growth rates of the global cyber insurance market were studied, and it shows the main obstacles to its development. Recommendations are given for various participants in economic relations in order to increase the resilience of the economy to external financial threats, incl. implemented through cyber attacks.
Economic Problems and Legal Practice. 2019;15(1):61-65
pages 61-65 views

FEATURES OF TAXATION OF A PERSONAL INCOME TAX

Gafarova O.

摘要

The article deals with a tax system of Russia, the tendency to increasing tax, more detailed regulation of the Rights and Duties of a Taxpayers. The article prepares to increase a personal income tax together with other measures for development of business and economy.
Economic Problems and Legal Practice. 2019;15(1):66-69
pages 66-69 views

THE ORGANIZATION OF STATE SUPPORT TO AGRICULTURAL PRODUCERS AND MONITOR THE EFFECTIVENESS OF THEIR IMPLEMENTATION (ON MATERIALS OF STAVROPOL TERRITORY)

Podkolzina I., Zherelina O.

摘要

The need to write this article is due to certain needs of agricultural producers, which more than ever need state support. The promotion of rural areas is fading, the importance of agricultural labor comes to naught, to get any profit from work on the ground is more difficult. The state is trying to understand all these problems and is trying to create conditions for correcting the situation. Grants and subsidies for various purposes are allocated for the progress of agriculture and agricultural producers. The theoretical basis of the study consists of the provisions and conclusions contained in the works of Russian and foreign scientists and economists: K. V. Ivanov, V. V. Rau, M. Rau, G. G. G. Rudakov, I. V. Glazunov, and others. At the moment, agriculture is the primary sphere of economic development of the Russian Federation, which is equivalent to the food security of the country, which is always a priority for any state. This issue has become particularly relevant with the formation and development of global threats to agricultural producers. In this connection, the basis for solving this problem is the provision of state assistance for the creation of competitive domestic agricultural products and the implementation of an effective policy of import substitution. In the context of the formation of the system of import substitution and development of the agricultural sector of the economy, the most important role belongs to the state as the subject that determines the direction of the economy as a whole. Today, more than ever, there are such conditions that for the majority of domestic producers, financial resources are limited, and therefore before the public authorities, both at the Federal and regional level, is the primary task to develop rational measures to support domestic producers. In the course of the study, attention is paid to the problems of improving the mechanism of state support for agricultural producers. Based on the study of this issue, the author comes to the conclusion that the state support of the industry and rural areas in the country is carried out within the framework of the State program of agricultural development. Within the framework of it, agricultural producers are provided with different types of support: subsidies, compensation for part of the costs incurred, grants, preferential loans. The activities of the program are aimed at stimulating the development of priority areas of the agro-industrial complex. Support covers crop production, technical re-equipment and modernization of production, almost all types of livestock. The work is addressed to a wide range of economists.
Economic Problems and Legal Practice. 2019;15(1):70-76
pages 70-76 views

PROBLEMS AND TENDENCIES OF DEVELOPMENT OF STOCK MARKET IN RUSSIA, TAKING INTO ACCOUNT THE SOCIO-ECONOMIC DEVELOPMENT IN TERMS OF SANCTIONS AND THE FINANCIAL CRISIS

Ivanov I.

摘要

This article discusses a general view on the regulation of Russian stock market represented by the Moscow Exchange as a process of interrelated transformation of real economic indicators and socio-economic living conditions. The growth and nature of the Russian stock market as a tool for attracting foreign investment by increasing the output of debt and government bonds are the main traits of a country with an underdeveloped domestic economy that lags far behind developed countries. At the same time, there is a systematic process of exporting net worth on a particularly large scale that takes place on a regular basis. The article is based on the position that the stock market cannot work and develop independently and separately from the general socio-economic conditions of the country. It is necessary to develop industry and agriculture, which, in turn, with the growth of their economic efficiency, could guarantee better conditions for the socio-economic standard of living of people. Thus, the growth of the economy itself creates prerequisites and determines the direction and nature of the stock market, where public participation and financial literacy are major factors of the functioning economic sector that is not influenced by speculation in financial operations.
Economic Problems and Legal Practice. 2019;15(1):77-81
pages 77-81 views

EVALUATION OF THE SPECIAL PROPERTIES OF INTELLECTUAL CAPITAL IN THE SYSTEM OF CORPORATE FINANCIAL MANAGEMENT

Ermakova G.

摘要

The study theoretically substantiated and practically proved the expression of special properties of intellectual capital in the financial management system of corporations - information asymmetry, partial illiquidity; synergistic effects. At the same time, scientific and performance indicators are grouped, evaluating the synergistic effect in corporations engaged in research and production activities as a result of the use of intellectual capital.
Economic Problems and Legal Practice. 2019;15(1):82-84
pages 82-84 views

FEATURES OF CREATION OF INTERNATIONAL FINANCIAL REPORTING STANDARDS FOR SMALL AND MEDIUM-SIZED ENTERPRISES

Dyatlova O.

摘要

This article discusses selected issues in international financial reporting standards for small and medium-sized enterprises. In particular, highlights the main group of external users of financial statements of small and medium enterprises. The definition of «small and medium-sized enterprises» in accordance with the standard. Purpose financial statements disclosed, prepared in accordance with IFRS for small and medium-sized enterprises. Placed on legally binding aspect of financial reporting in accordance with IFRS for small and medium-sized enterprises. Conclusions about the prospect of the use of IFRS for small and medium-sized enterprises.
Economic Problems and Legal Practice. 2019;15(1):85-87
pages 85-87 views

COGNITIVE MODELING OF LABOR ACTIVITY PROCESSES IN R&D

Orekhov V., Lyutova T., Panfilova E.

摘要

In this paper, a comprehensive study of the processes of intellectual activity in the field of R & D and the development of proposals to improve the effectiveness of scientific activity. The study was performed using the system analysis methodology and cognitive modeling using the electronic decision support system (DSS) of the NEEDLE. The main subsystems of the labor system of R&D - specialists, affecting the efficiency of its activities, are identified. An iterative method using surveys of an expert group formed a system of the most important and quantitatively evaluated concepts. Identified the problematic factors in this area that are most important to increase for Russia: wages, the demand for scientific research, financing and provision of resources, the R&D support system. The cognitive matrix of this weakly structured system is constructed. With the help of DSS, it is shown that the matrix has a high total level of consonance (confidence) of 72%. The system has little effect on the group of mental factors. For coordinated work of the system, such key concepts as the demand for scientific research, the R & D support system in the company, innovative business culture, teamwork training, and self-control are of high importance. Dynamic modeling of the system behavior under the influence of the controlling factor “Retraining of Scientific Personnel” showed that with its increase by 14%, the increase in the effectiveness of scientific work is 14%, and the salary by 11%, the growth of education level by 21%. At a low rate (~ 6%), organizational concepts and the slowest concepts of group work are growing. The developed model can be used in the management of research activities to improve labor efficiency. The work can be used for conceptual modeling in the field of economics of scientific labor
Economic Problems and Legal Practice. 2019;15(1):88-94
pages 88-94 views

MODEL AND MECHANISM OF FOOD PROVISION OF THE EURASIAN ECONOMIC UNION

Tocheniy G.

摘要

The purpose of this study is to develop model and mechanism of food provision of the Eurasian economic Union (EAEU). Design/methodology/approach. The basic models of food provision are considered. The advantages and disadvantages of these models and features of their implementation are determined. There are revealed characteristics necessary for effective food supply. The feasibility of joint food provision in the EAEU is established. Findings. The developed model and mechanism of food provision of the EAEU can optimize the structure of food production and ensure better meeting of the population's food needs in accordance with consumption standards. Practical implications. The practical application of the study results can improve the efficiency of food provision of the EAEU. Originality/value. The study results can be used by supranational authorities of the EAEU and domestic authorities of the EAEU member States in development and implementation of the food self-sufficiency strategy and in the current economic policy.
Economic Problems and Legal Practice. 2019;15(1):95-101
pages 95-101 views

REVIEW OF THE MONOGRAPH «ACTUAL PROBLEMS OF CORPORATE GOVERNANCE: DOMESTIC PRACTICE AND FOREIGN EXPERIENCE», PREPARED UNDER THE EDITORSHIP OF CANDIDATE OF ECONOMIC SCIENCES KNYAZEV OLEG ANATOLYEVICH

Platonova N.

摘要

This review presents an analysis and assessment of the textbook «Actual problems of corporate governance: domestic practice and foreign experience» prepared by a team of authors, edited by O.A. Knyazev. The review points to a deep author's contribution to the study of modern problems of corporate governance as the key to the success of companies. A feature of this manual has become a practice-oriented, integrated and interdisciplinary approach to the study of problems.
Economic Problems and Legal Practice. 2019;15(1):102-103
pages 102-103 views

CONTROL PURCHASE AS A NEW TOOL OF FEDERAL STATE SUPERVISION IN THE AREA OF SANITRAN-EPIDEMIOLOGICAL WELFARE POPULATION

Imamov A., Kostina K.

摘要

In the presented article, a legal analysis of a new for the Russian legislation instrument for conducting control and supervisory measures in the field of sanitary and epidemiological welfare of the population - a test purchase. Consideration of the basic requirements for the test purchase, especially its implementation in the field of ensuring the sanitary and epidemiological welfare of the population, systematized possible options for the outcome of its implementation.
Economic Problems and Legal Practice. 2019;15(1):104-106
pages 104-106 views

BANK ACCOUNT AGREEMENT WITH INDIVIDUALS: SELECTED NOVELS OF THE LAW

Botasheva L., Malykhina M., Sagalayeva E.

摘要

Task. The purpose of this research was predetermined by the changes in the Civil code of the Russian Federation regarding the design of the bank account agreement. The lack of consensus and not efficiency of the legislator in questions of need for accounting of interests of both parties of the bank account agreement (both banks and citizens) according to the problem of contractual relations’ implementing; insufficiency of fundamental developments in the sphere of scientific and monographic researches of ensuring system stability of banking activity in connection with innovations in legislation sphere, require reconsideration and systematization of the available scientific ideas of market development of the banking services, in particular, regarding the design of bank account agreement, the developments and justification of the new corresponding to the developed realities. (Clausen, Bank- und. 5. Auflage. C.H. Beck. 2014. S. 310; Davidson, F.P. and Macgregor, L. Commercial Law in Scotland. (2nd edition). Edinburgh: W Greens, 2008. C. 92; Report Committee on Consumer Credit. HMSO, 1971. Cmnd. 4596; Richtlinie 2008/48/EG des Parlaments und des Rates vom 23. April 2008 und zur Aufhebung der Richtlinie 87/102/EWG des Rates. Amtsblatt der Union. 22.5.2008. L 133/66 - L 133/92) Conclusions. One of the most discussed innovation of the legislation sphere in the field of bank account agreement usage is the bank account agreement with several clients (the joint account). Undoubtedly, use of the joint account by individuals also has certain pluses, however so far use of joint bank accounts hides in itself more so-called pitfalls both for banks, and for clients, than clear advantages. In general, having analysed provisions of the section Civil Code of the Russian Federation regarding the bank contracts, it is possible to make a conclusion that there is certain positive tendency to regulation of financial transactions within the updated Civil code. Emergence of a number of the norms closing gaps of the operating regulation, certainly, will remove a lot of controversial issues as at a stage of the conclusion of financial transactions with individuals, and at a stage of the subsequent judicial analysis of such contracts. The separate roughnesses which are not absolutely organically fitting into the general system of norms will require the substantial analysis of these innovations from vessels. Practical value. The practical research of the problem consists of the theoretical questions of a design of the bank account agreement through a prism of law-enforcement practice taking into account changes of the civil legislation are considered. The author used an integrated approach to the solution of theoretical and practical problems of realization of the standards of the bank account agreement which are contained in the updated Civil Code of the Russian Federation. The received conclusions can find application in teaching training courses of civil law and the bank right. Results of the conducted research can be used in law-enforcement activity. Originality/value. Studying of relevant changes of the legislation in the field of a design of the bank account, agreement is necessary in terms of development not only theories, but also practicians as on means of the analysis of law-enforcement activity forecasting further development of the studied precepts of law taking into account the developing situation both in bank community, and in society, in general, within the legal relationship arising when using regulations of the bank account is obviously possible.
Economic Problems and Legal Practice. 2019;15(1):107-111
pages 107-111 views

DIGITAL LAW AS A NEW LEGAL PHENOMENON

Shaydullina V.

摘要

Task. The purpose of this study is to analyze the novelties of the civil legislation of the Russian Federation concerning the introduction of the concept of «digital law» into regulatory legal acts. Model. It also discusses new legal categories mediating relations that are emerging in the development of the digital economy. The essence of the legal category «digital law» is disclosed and different approaches to understanding its content are described. The main bills that are currently under consideration in the State Duma of the Russian Federation and are of great interest to the expert community in terms of their relationship with current civil law are considered. Findings. The conclusion was made about the high significance of creating the institutional foundations of relations in the digital environment, as well as about the need to finalize the amendments proposed by the legislator and changes to existing legislation. Originality / Value. Currently, the draft laws, which are being considered in the State Duma of the Russian Federation, require substantial revision. The study allows to determine the legal nature of digital rights, and it can be used to improve draft laws.
Economic Problems and Legal Practice. 2019;15(1):112-115
pages 112-115 views

FEATURES OF LEGAL PROTECTION OF TRADEMARKS IN THE TERRITORY OF SWITZERLAND IN THE CONTEXT OF THE CITIZEN'S RIGHT TO A NAME

Sviridova E.

摘要

In article the legislation and judicial practice of Switzerland concerning use of a name of the citizen as a part of a trademark is investigated. Questions of legal protection of trademarks with use of a name of the citizen in case of identity or similarity to extent of mixture between trademarks, between a trademark and the unregistered designation are analyzed. The name of the citizen, except the main function on identification of the person, can be used in commercial activity, in particular, as a trademark or a trade name. It can lead to the conflicts with the owners of identical names acting in economic circulation. Besides, legal protection of the trademark including a name of the citizen has dual character when the personal non-property right addressed to resists to property right on a trademark. The problem consists in definition of a scope of the legislation on intellectual property and norms on protection of the right addressed to in relation to area of the conflict of the means of individualization using a name of the citizen. The Swiss judicial practice proceeds from the principle of weighing of interests, considering monopoly of the owner of a trademark on the one hand, and the right for free use of the name by any citizen, including in business activity, on the other hand. The analysis of the Swiss practice will help the Russian law enforcement official to find more weighed approach to questions of use of a name of the citizen as a part of the trademark taking into account distinctive ability of the last.
Economic Problems and Legal Practice. 2019;15(1):116-120
pages 116-120 views

TO A QUESTION OF THE SEPARATE PROBLEMS ARISING IN THE COURSE OF IMPLEMENTATION OF CONSTRUCTION ACTIVITY IN THE RUSSIAN FEDERATION

Lenkovskaya R.

摘要

The author analyzed the problems arising in the framework of legal regulation of construction activities: the lack of a clear vector of development of legislation; unsystematic legislation; lack of established terminology; numerous problems in terms of SRO activities (especially in relation to self-regulation in relation to design and survey works); low efficiency of the system of state supervision and control in the field of construction activities; underdevelopment and unsettled public control in the construction market.
Economic Problems and Legal Practice. 2019;15(1):121-124
pages 121-124 views

THE LOGIC OF CONSUMER OPINION BASED ARGUING IN LEGAL DISPUTES ON PROTECTION OF TRADEMARKS RIGHTS

Batykov I.

摘要

Purpose. The article describes the principles of measuring consumer opinion in the context of disputes on the protection of trademarks rights. The author proceeds from the fact that it is necessary to coordinate the requirements of legal analysis with the specificity of evidence, which are represented by the measured and analyzed consumer opinions. The purpose of the article is to describe the methodological field that can give the rules to study the consumers’ opinion and to use the results of this study in the protection of trademarks rights. Design/methodology/approach. The analyzed principles of consumer opinion measurement represent a methodological and logical basis for the issues faced by experts in the framework of dispute resolution. To formulate the principles, the author uses a logical analysis of the phenomenon of legal fact, as well as empirical indicators of legal fact, by which the consumers survey reveals its presence or absence. Findings. The author suggests the principles for measuring of empirical indicators of legal fact. The article also presents the general logic of argumentation in testing the hypothesis of the presence or absence of a legal fact based on the range of empirical indicators. The potential refutation of the hypothesis of the fact existence is that the lower limit of the indicators range is close to zero (or at least is below the thresholds). The refutation of the hypothesis of the fact absence is the overcoming of the threshold values by the upper limit of the indicators range. Originality/value. The findings of the article are equally important both for the expert community and for the judicial authority. The use of the principles by parties involved into disputes connected with trademarks rights protection can contribute as much as possible to the formation of a consensus area on procedures related to conclusions making.
Economic Problems and Legal Practice. 2019;15(1):125-129
pages 125-129 views

EXCHANGE CONTROLS: THE SUPRANATIONAL REGULATION AND LAW OF RUSSIA

Efimova N.

摘要

The purpose of the research is to study the processes of harmonization and synchronization of Russian legislation with the law of the Eurasian economic Union in the field of currency control. Research methods-General scientific, including logical method, method of analysis and synthesis, etc., as well as private-scientific, including formal legal, etc., methods of cognition. As a result, the author came to the conclusion that the draft Agreement on coordinated approaches to the regulation of currency relations and the adoption of liberalization measures does not contradict the current legislation of Russia in the field of currency control. At the same time, it should be clarified in the Federal law «on currency regulation and currency control» the content of the provisions of paragraph 4 of article 3 of the draft Agreement: «Residents of the member States have the right to make payments on currency transactions without the use of Bank accounts in authorized organizations in the case of payments and transfers of funds between individuals in the national currencies of the member States within the customs territory of the Union» (to amend article 14 of the Federal law). This will contribute to a higher level of harmonization of Russian legislation with the legal acts of the EAEU in the field of currency control. The results of the study can serve as a basis for further study of the processes of harmonization and synchronization of Russian legislation to the law of the Eurasian economic Union in the field of currency control. This study will be of interest to persons studying the issues of harmonization and synchronization of Russian legislation with the law of the Eurasian economic Union, including in the field of currency regulation and control.
Economic Problems and Legal Practice. 2019;15(1):130-133
pages 130-133 views

FUND RAISING AND USE OF INDIVIDUALS’ FUNDS (MEMBERS OF THE COOPERATIVE) FOR OBTAINING RESIDENTIAL PROPERTY AS THE PRINCIPAL ACTIVITY OF THE HOUSING COOPERATIVE

Skripnichenko D.

摘要

The article deals with the problem of fund raising and use of individuals’ funds (members of the cooperative). The author defines and discloses principle ways of raising and use of individuals’ funds in construction or obtaining residential property, and makes judgements regarding practicality and viability of each method of use of individuals’ funds (members of cooperative), to obtain the main objective of the housing cooperation - meeting the housing need.
Economic Problems and Legal Practice. 2019;15(1):134-138
pages 134-138 views

SHAREHOLDER’S CONTRIBUTIONS IN HOUSING COOPERATIVE AS A GUARANTEE

Skripnichenko D.

摘要

The article deals with the issue of use of the shareholder’s contributions by the housing cooperative to cover the cost of building or obtaining residential property. The author discloses principle and other expenses that should be covered by the shareholder’s funds, considers the problem of the cost of the shareholder’s fee and makes judgements regarding viability of use of the remaining income of individuals’ funds after the building or obtaining residential property.
Economic Problems and Legal Practice. 2019;15(1):139-143
pages 139-143 views

RECOGNITION AND ENFORCEMENT OF FOREIGN COURT DECISIONS IN FRANCE: FEATURES IN THE PRESENCE AND IN THE ABSENCE OF AN INTERNATIONAL TREATY WITH THE STATE OF JUDGMENT

Boyko K.

摘要

The article is devoted to key aspects of the recognition and enforcement of foreign judgments in France. The author analyzes the features of this legal institution, arising both in the presence and in the absence of an international treaty with the state of judgment. The examples of international treaties with individual Asian countries cited in the article clearly demonstrate the heterogeneity of the French approaches to the content of these agreements from the point of view of the considered issues. The author's analysis of the domestic legislation of France in the enforcement of foreign court decisions confirms the significant role of jurisprudence in the procedure for obtaining exequatur. Special attention is paid to the perfection in the French legislation of the studied legal institution in connection with the entry into force of the new EU Regulation governing the recognition and enforcement of foreign judgments in the European Union, of which France is a member. Attracting attention by the author to the study of French approaches to the legislative regulation of the recognition and enforcement of foreign court decisions targets on the use of foreign experience in the interests of perfecting the Russian legislation in this area.
Economic Problems and Legal Practice. 2019;15(1):144-148
pages 144-148 views

THE AGREED MARITAL PROPERTY SYSTEM IN THE MODERN LAW OF THE PEOPLE'S REPUBLIC OF CHINA

Hu N.

摘要

The agreed marital property system is the core content of the law which adjusts couples’ relations on property. In practice, special agreements on marital property and prenuptial agreements are widely used. In China legislation on the agreed marital property system does not meet the fast growing need for prenuptial agreements. This article analyzes the contractual regime of spouses' property, the history of the emergence of this institution and its evolution, as well as gaps in legislative regulation in the PRC. The features of the legal regulation of the agreed marital property system in China are revealed. This article presents a legal analysis of the features in regulation on agreed property system in marriage law in China. The references and statistics in this article are from Court of China and Chinese law. The current marriage law has only one legal provision on agreed marital property system, the legislation defects of agreed property system exist in it. In the agreed property system, stipulate the essential and formal requirements, clear its types and content. The types, content, agreed time, procedure for certifying the marriage agreement and rules on their validation are urgent issues for improving the property regime of spouses in the PRC marriage law. This paper has proposed improvements on current marriage and family law of the People's Republic of China.
Economic Problems and Legal Practice. 2019;15(1):149-152
pages 149-152 views

LEGAL ESSENCE OF A SPONSORSHIP AGREEMENT

Adamus R.

摘要

This publication applies to the legal institution of sponsorship. Sponsorship is one of the very popular marketing techniques. In the text it is described the genesis of this phenomenon, the etymology of the name, the essence of this phenomenon. The advantages and disadvantages of sponsoring are presented as well.
Economic Problems and Legal Practice. 2019;15(1):153-157
pages 153-157 views

EXPANSION OF THE CREDIT FIELD OF RUSSIAN COMPANIES UNDER THE CONDITIONS OF THE DIGITAL ECONOMY AND THE NEW INDUSTRIAL POLICY: FINANCIAL AND LEGAL ASPECTS

Simaeva E., Simaeva N.

摘要

The purpose of the study is to assess the promising possibilities of developing credit relations during the implementation of the new industrial policy and the development of the digital economy, it is achieved by determining the list of necessary and sufficient directions for the development of the credit field of business entities in the context of the implementation of the industrial policy of «new priorities» availability of credit resources for the real sector of the economy.
Economic Problems and Legal Practice. 2019;15(1):158-160
pages 158-160 views

HOLDING OF SHARE CAPITAL IN A CONTROLLED FOREIGN CORPORATIONS BY INDIVIDUALS: TAXATION RULES IN RUSSIAN FEDERATION

Tsepova E.

摘要

This article analyzes the legal relations between the state and resident individuals, who owning shares of foreign organizations, regulated by Russian tax legislation. The basic taxation rules for controlled foreign corporation profits and the procedural obligations of providing the declaration of participation in foreign organizations and of controlled foreign corporations declaration was investigated. Special attention is given to the analysis of existing problems of legal regulation in this area. As a result of the study, the author came to the conclusion that in the Russian Federation tax relations with individuals, who owning shares of controlled foreign corporations, are at the initial stage of their development. In future for successful application of the CFC legislation, it will be necessary to improve the existing tax law in order to increase the efficiency of tax administration and make better the legal status of the obligated subjects.
Economic Problems and Legal Practice. 2019;15(1):161-165
pages 161-165 views

ISSUES OF LEGAL REGULATION OF DIGITAL ECONOMY IN THE RUSSIAN FEDERATION

Maximov D., Bilyak V.

摘要

The purpose of this article is to discover the phenomenon of the digital economy in Russia. Contemporary Russian scientists and academics represented by Vice-President of the Nanotechnology society of Russia Georgy Gennadyevich Malinetsky, academic of the Russian Academy of Sciences, Director of the Institute of national economic forecasting Victor Ivanter expressed their concern about the state of the digital economy in our country. The authors of the article investigated various literary sources such as scientific articles, manuals and collections; using General scientific methods the studied material was transformed into the content of the following article. The study analyzed the current state of the digital economy in Russia, identified its strengths and weaknesses, presented options for improving the regulatory framework in the field of mentioned topic. This article can be of value to students at all levels who want to understand the digital economy and its components, as well as to discover ways to improve it.
Economic Problems and Legal Practice. 2019;15(1):166-170
pages 166-170 views

CORPORATIONS IN THE RUSSIAN AND FOREIGN LEGAL SYSTEMS: INNOVATIONS LEGISLATION AND JUDICIAL PRACTICE

Fokov A.

摘要

The author of the article at the doctrinal level reveals the content of the concept of «Corporation» in the Russian and foreign law and order, analyzes the innovations of legislation and judicial practice in the modern conditions of market relations.
Economic Problems and Legal Practice. 2019;15(1):171-175
pages 171-175 views

THE DEVELOPMENT OF IDEAS AND PRACTICES IN PREVENTING DEVIANT BEHAVIOR OF THE MINORS IN RUSSIA IN THE 19TH CENTURY

Pervozvansky V., Silenkov V.

摘要

This article examines matters relating to the development and transformation of attitudes towards the solution of the problem of preventing deviant behavior of minors, on the efforts of individuals and States to establish specialized agencies, System Tools forms and methods of influence on the identity of a minor offender, place in the system of parental discretion at the final stage of absolutism in the Russian Empire. The analysis is illustrated by concrete examples from the experience of correctional establishment of shelters for minors, showing the results of their activities.
Economic Problems and Legal Practice. 2019;15(1):176-178
pages 176-178 views

INSTITUTE OF ADMINISTRATIVE RESPONSIBILITY IN THE EXECUTION OF ALTERNATIVE SENTENCES

Gabaraev A., Gavrikov E.

摘要

The purpose of the presented work is to substantiate the need for a wider use of the preventive potential of the institution of administrative responsibility, when executing punishments alternative to imprisonment. Since, according to the authors, at present, the preventive potential of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) is insufficiently used in the activities of the territorial agencies of the Federal Penitentiary Service of Russia. The practical significance of the proposals made is that in order to prevent the commission of repeated crimes and improve the organization of the execution of sentences alternative to deprivation of liberty, the authors propose to legislatively establish a measure of administrative and legal responsibility to officials of local governments, enterprises and institutions, as well as convicts , alternative to deprivation of liberty, for obstruction of the lawful activities of the employee of the penitentiary inspection and inspection.
Economic Problems and Legal Practice. 2019;15(1):179-181
pages 179-181 views

ON THE IMPLEMENTATION OF SOME RIGHTS OF CONVICTED PREGNANT WOMEN

Belova S., Strogovich Y.

摘要

The article deals with the problematic issues related to the employment of convicted pregnant women, draws attention to the existing conflict between the norms of penal enforcement legislation and social security legislation in terms of payment of maternity benefits to prisoners pregnant women.
Economic Problems and Legal Practice. 2019;15(1):182-185
pages 182-185 views

ON MEASURES OF ENSURING AUTOMATED INFORMATION SYSTEMS SECURITY, INCLUDING SYSTEMS RELATED TO THE STATE CRITICAL INFRASTRUCTURE

Burayeva L., Arkhipov S.

摘要

The article deals with topical issues of combating criminal activity of computer hackers who commit cyber attacks on automated information systems, including those related to the state critical infrastructure. The author presents the main measures taken by public authorities in order to prevent, detect and eliminate computer attacks consequences, as well as the subsequent response to computer incidents.
Economic Problems and Legal Practice. 2019;15(1):186-188
pages 186-188 views

COMPARATIVISTIC ANALYSIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN ON RESPONSIBILITY FOR BIDDING

Berova J., Tutukov A.

摘要

Over the past decades, the country has often emphasized the importance of countering corruption. Despite the measures taken, its level in the Russian Federation remains high. This article presents a comparative legal analysis of the responsibility for giving a bribe in the criminal legislation of the Russian Federation and certain foreign countries in the aspect of studying the characteristics of the object of this crime. The analysis was conducted in order to determine the possibility of applying the experience of foreign countries to improve Russian criminal legislation in the field of combating corruption.
Economic Problems and Legal Practice. 2019;15(1):189-190
pages 189-190 views

THE DELIMITATION OF THE ART. 205.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION FROM ADMINISTRATIVE OFFENSES IN THE FIELD OF PUBLIC SECURITY

Hasanova L.

摘要

Since administrative legislation has one of the objects of unlawful encroachment protected by its norms, public order and public safety, among them can be identified those offenses that can theoretically be equated with the object of encroachment to certain crimes. The article compares Art. 205 of the Criminal Code of the Russian Federation and similar administrative offenses. Such a comparison makes it possible to explain some qualification questions and facilitate their understanding
Economic Problems and Legal Practice. 2019;15(1):191-194
pages 191-194 views

CRIMINAL LIABILITY FOR OBSTRUCTION TO THE EXERCISE OF ELECTORAL RIGHTS UNDER THE PENAL CODE OF 1845

Spiridonov A.

摘要

The article is devoted to the analysis of criminal legislation regulating criminal liability for obstruction to the exercise of electoral rights under the Penal Code of 1845. It is established that the Penal Code of 1845 is the first codified legal act containing criminal law provisions providing for criminal liability for obstruction to the exercise of electoral rights.
Economic Problems and Legal Practice. 2019;15(1):195-197
pages 195-197 views

AGGRAVATING AND ESPECIALLY AGGRAVATING CIRCUMSTANCES OF EXTORTION: PROBLEMS OF PROOF

Shogenov A.

摘要

In the present article the author reveals the problematic issues that exist in the process of proving extortion in the presence of qualifying features associated with the peculiarities of the legislative design of aggravating and particularly aggravating circumstances of extortion. The article describes possible ways to solve this problem associated with the design feature of qualifying signs of extortion. The author offers the evaluation criteria necessary for error-free qualification of actions of accomplices in extortion.
Economic Problems and Legal Practice. 2019;15(1):198-200
pages 198-200 views

DOCUMENTS AS SOURCES OF EVIDENCE IN THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION AND THE STATES OF NEAR ABROAD

Popov A.

摘要

The analysis of the norms of Russian and the latest criminal procedural legislation of the states of the near abroad, fixing the procedural and legal nature of the documents as independent procedural sources of evidence. Methodology: structural approach; comparative law. Results: makes suggestions to improve Russian legislation on criminal procedure.
Economic Problems and Legal Practice. 2019;15(1):201-204
pages 201-204 views

EUROPEAN ECONOMIC INTEREST GROUPING AS AN INSTRUMENT OF CROSS-BORDER COOPERATION IN THE EUROPEAN UNION

Adamus R.

摘要

This text is devoted to the brief presentation of the European Economic Interest Grouping (EEIG). EEIG is a transnational formula of economic cooperation for entrepreneurs from various European Union member states. The source of law for EEIG is the so-called secondary legislation of the European Union. The structure of the EEIG is modeled on the national structure of the grouping of economic interests of French law. EEIG - through its source of regulation in European law - is of a "neutral" legal nature for cooperators who do not have to choose one of the national formulas of business cooperation. An open question arises whether EEIG can be the model for international cooperation. Legally neutral structures, having their source in international agreements could be a bridge for the development of international, global economic cooperation of entrepreneurs from different countries of the World.
Economic Problems and Legal Practice. 2019;15(1):205-208
pages 205-208 views

THE LAWYER'S MANIFESTATION OF GOOD FAITH IN THE PRESENCE OF A CONFLICT OF INTEREST

Kovalev S.

摘要

This article discusses the features of the manifestation of good faith in the activities of a lawyer, in the event of a conflict of interest. Note that this issue is important and relevant, because in the event of a conflict of interest, the lawyer must faithfully perform their duties.
Economic Problems and Legal Practice. 2019;15(1):209-211
pages 209-211 views

MATRIX APPROACH TO THE FORMATION OF PRIVATE EXPERT METHODS FOR OBTAINING EVIDENCE IN THE INVESTIGATION OF CRIMINAL BANKRUPTCIES

Prorvich V., Semenova E.

摘要

To obtain evidence in the investigation of criminal bankruptcies plays an important role methodological support forensic economic expertise of various kinds and types. At the same time, expert methods that allow to determine the damage caused to legal entities and individuals have to be created by the forensic experts themselves, which causes a high level of risk of expert errors. The only expert method for carrying out judicial financial and economic expertise on the crimes provided for in article is known. 196 the criminal code, which received legal status after its approval by the Order of the Ministry of economic development in 2009, it is of a General nature and does not cover all possible expert tasks for crimes of this type. The authors propose a matrix approach to the formalization of expert problems arising in the investigation of criminal bankruptcies, based on the use of two-dimensional and multidimensional classifiers. This makes it possible to differentiate subject-object relations for each type of victims, types of lost property or rights to it, as well as to identify certain groups of documents on the basis of which formal expert tasks can be solved on the basis of the available special knowledge of professional experts-economists.
Economic Problems and Legal Practice. 2019;15(1):212-215
pages 212-215 views

TECHNICAL AND FORENSIC SUPPORT OF RESEARCH OF FUNCTIONAL AND MOTOR SKILLS OF THE PERSON

Kardanov R., Kurin A.

摘要

The article presents modern approaches to the integration of information resources of fixation and study of functional characteristics of a person. The expansion of search and analytical capabilities of information systems is aimed at optimizing the process of detection and investigation of crimes. The object of the study is a video recording with a fixed image of a person. To solve the problem of establishing the identity of the signs of functional and motor skills, experimental studies were conducted. Based on the results of the experiments, the differentiation of significant features was carried out, and elements requiring additional research were identified. Prospects of further research of functional and motor skills of the person are defined.
Economic Problems and Legal Practice. 2019;15(1):216-218
pages 216-218 views

ACTUAL PROBLEMS OF STATE AUDIT AND THE EFFECTIVENESS OF INTERNAL CONTROL IN THE FIELD OF HEALTHCARE IN THE RUSSIAN FEDERATION

Smyshlyaev A., Melnikov Y., Zherelina O.

摘要

Health care is subject to public administration. Given the problems of socio-economic nature, the level of provision of medical services to the population is not conducive to its sustainable development. Effective mechanisms are needed for the implementation of state programs and public health audits at the federal, regional and municipal levels. The Accounts Chamber of the Russian Federation is the highest body of state audit in the field of control over the expenditure of funds in health care. Internal audit in the field of health care is carried out by executive authorities. State audit is one of the mechanisms of state regulation and development of this sphere. Most of the reforms come down to optimizing costs at the expense of quality. The absence of changes in the social indicators of mortality and fertility, the absence of a significant increase in satisfaction with the quality of medical services is evidence of the ineffectiveness of the public health system. The inefficiency of planning, implementation of decisions and control is expressed in the misuse of budgetary funds. It is necessary to change the format of financing the public health sector, reorienting managers not to fully absorb financial resources, but to their rational and economical use.
Economic Problems and Legal Practice. 2019;15(1):219-223
pages 219-223 views

TO THE QUESTION OF THE SYSTEM AND POWERS OF THE AUTHORITIES IN THE FORESTRY FUND MANAGEMENT SPHERE

Skrynnikov R., Skrynnikova M.

摘要

The article analyzes the problematic issues of the exercise of powers and the construction of the system of forest fund management.
Economic Problems and Legal Practice. 2019;15(1):224-227
pages 224-227 views

ON SOME PROBLEMS OF THE LEGAL STATUS OF PRIVATE SECURITY FORCES NATIONAL GUARD

Kvasov V.

摘要

The article deals with the problems of the legal status of private security as one of the subjects of security activity in Russia. The organizational structure of private security is revealed, the essence and the purposes of its activity are defined. The list of objects subject to mandatory protection by private security units is analyzed. Based on the study of the legislation of foreign countries put forward proposals to develop a definition of the concept of private security of the national guard of the Russian Federation.
Economic Problems and Legal Practice. 2019;15(1):228-232
pages 228-232 views

JUDICIAL DISCRETION AS A TYPE OF LAW ENFORCEMENT ACTIVITY: THE SUBJECT AREA AND INDUSTRY SPECIFICITY

Korolevskaya O.

摘要

The article examines the theoretical and legal and applied aspects of the institution of judicial discretion. Through the prism of administrative jurisdiction, questions of law-enforcement practice, branch specificity of the given institution are examined, the conceptual apparatus is clarified within the stated theme.
Economic Problems and Legal Practice. 2019;15(1):233-236
pages 233-236 views

JUDICIAL DISCRETION IN THE APPOINTMENT OF AN ADMINISTRATIVE PENALTY

Korolevskaya O.

摘要

The article deals with topical issues of judicial discretion from the standpoint of law enforcement practice in the resolution of administrative cases. The author draws attention to a number of problems associated with the application of the institution of discretion in the administrative process, in particular: failure to use discretion, exceeding its limits, erroneous application of discretion or abuse of judicial discretion.
Economic Problems and Legal Practice. 2019;15(1):237-240
pages 237-240 views
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