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  • Business, management and law
    No. 2 (2024)

    DIGITALIZATION OF ECONOMY AND ARTIFICIAL INTELLIGENCE

     

    XVII session of the European-Asian legal Congress

    Discussion panel: "mechanism of legal regulation of business activity: modern challenges".

    Discussion panel: "Technologies of the XXI century in law"

    LegalTech turbocratic platform: we squeeze the maximum of electronic document flow

     

    PUBLIC LAW

    Bozrov Vladimir M., Shipkova Alina R. On Some Problems of interaction between courts and Mass Media to ensure publicity of justice.

     

    Abstract: this article touches on a number of transparency issues in judicial activities. In particular, based on the results of an express analysis of the work of courts of general jurisdiction in the Sverdlovsk region, the authors draw attention to some of the most important points for improving the activities of courts, judges and press centers with media representatives to ensure the transparency of judicial activities in general and related organizational issues.

    According to the authors, any lawful court decision in a criminal case, without exception, has a general preventive effect, and the educational role of the trial itself, conducted without deviations from the procedural form, is undeniable. In this regard, the authors believe that interaction between the courts and the media is necessary to implement these social and legal factors. Simply put, justice should be carried out strictly in accordance with the law, and at the same time it should not remain a "thing in itself", but become as informatively publicly available as the legislation regulating this area of interaction between courts and the media allows. At the same time, the authors of the article warn about possible abuses in this matter by both judges and media representatives. For example, the a priori selection of cases by judges for consideration in the presence of a specially selected contingent and biased media coverage of the results of the trial are unacceptable.

     

    Keywords: court, justice, transparency, publicity, media, interaction, mobile court hearings.

     

    Korsakov Konstantin V. Axioms, postulates and fundamental ideas of criminal punishment in the criminal law doctrine and Russian criminal legislation.

     

    Abstract: this publication provides a scientific analysis of the fundamental and guiding ideas, postulates, axioms and basic principles of criminal punishment, which is still the prevailing means of public response to criminal behavior in order to prevent and neutralize the consequences of the latter. The conceptual ideas, axioms and postulates contained in the norms of the current Russian criminal legislation and directly related to the institution of criminal punishment, and not placed by the Russian legislator in the texts of the current Criminal Code of the Russian Federation and the Criminal Code of the Russian Federation, are considered and characterized.

    The importance of each highlighted postulate, axiom and fundamental idea is argued and justified both for the application of criminal punishment in modern socio-legal conditions and for its further development and improvement. The author pays special attention to the discrepancies and collisions of the provisions of the current Criminal Code of the Russian Federation and the fundamental ideas and principles of criminal punishment, which are unacceptable from his point of view, in particular, it is emphasized that the absence of lower limits of criminal punishment when fixing categories of crimes directly affects the construction of sanctions of articles of the Criminal Code of the Russian Federation, which turn out to be independent of any dependence on qualitative and quantitative characteristics criminal acts, which violates the basic criminal law principle of the fairness of criminal punishment.

     

    Keywords: criminal law doctrine; penology; criminal punishment; fundamental ideas of criminal punishment; axiology of criminal law; goals of criminal punishment; criminal policy of Russia.

     

    Kushch Lyubov I. On the issue of legal support of government regulation of investment activities in the Donetsk People'S Republic in terms of economic integration

     

    Abstract: the article analyzes the Federal Law «On investment activities in the Russian Federation, carried out in the form of capital investments» dated 25.02.1999 No. 39-FZ and the Law of the Donetsk People's Republic «On investment policy and state support of investment activities in the Donetsk People's Republic» dated 17.05.2023 No. 444-NS, as a result of which some inconsistencies between regional legislation and federal legislation were identified on the issue of the investment activities government regulation in terms of the integration of the Donetsk People's Republic into the economic space of the Russian Federation. In order to eliminate those inconsistencies, the suggestions aimed at improving the Law of the Donetsk People's Republic «On investment policy and state support of investment activities in the Donetsk People's Republic» are justified as follows: by consolidating an exhaustive list of powers of public authorities of the Republic regarding their participation in government regulation of investment activities, which are established by the Federal Law of February 25, 1999 No. 39-FZ; by clear separation of those powers between them in order to prevent the abuse of such powers and their duplication by various bodies; by clarification of the authority of involving relevant objects in the investment process.

     

    Keywords: government regulation, investment activity, economic integration, powers, forms, methods.

     

    CIVIL AND BUSINESS LAW

     

    Belykh Vladimir S., Rubtsova Natalya V. The mechanism of legal regulation of entrepreneurial activity: controversial issues of theory

     

    Abstract: this article is devoted to the scientific study of the concept, as well as the elements of the mechanism of legal regulation of entrepreneurial activity from the standpoint of the dynamic approach. At the same time, this article is devoted to the scientific study of the concept, as well as various concepts of the mechanism of legal regulation. The dynamic elements of the mechanism are analyzed through the category of the life cycle, which is understood as a system of legal means that determine the procedure for legal regulation of entrepreneurial activity. It is concluded that the term "life cycle" can be used not only in relation to the characteristics of the entrepreneurial activity itself as a whole, but also in the description of the mechanism of legal regulation of entrepreneurial activity. It is noted that in recent years, the role of mixed regulation of entrepreneurial activity has been increasing, in which the driving element is the rule of law and the autonomous legal remedy, which together activate this scheme of legal regulation. This scheme is most clearly manifested in the case of mandatory self-regulation of entrepreneurial activity

     

    Keywords: entrepreneurial activity, mechanism, legal regulation, dynamics, life cycle, mixed regulation.

     

    Belykh Sergey V. Legislation of the Russian Federation on entrepreneurial activities: concept, composition, features

     

    Abstract: in the context of the modern development of a market economy in the Russian Federation, along with fundamental changes in the political, socio-economic and spiritual life of society, there is also the development of legislation on entrepreneurial activity aimed at stimulating the entrepreneurial activity of citizens and their associations. However, it still largely remains empty, contradictory, develops spontaneously, does not have a coherent conceptual basis, and is subject to uncritical borrowing of foreign experience.

    As is known in the USSR, and then in the Russian Federation, attempts were made repeatedly to develop an Economic, Entrepreneurial and even Commercial Code. In particular, the draft Economic Code of the USSR was prepared in accordance with the decision of the section of social sciences of the Presidium of the USSR Academy of Sciences No. 9 dated April 4, 1969 by the sector of economic law and problems of industrial management of the Institute of State and Law of the USSR Academy of Sciences. Later, the Program for the Development of Reforms and Stabilization of the Economy, approved by a resolution of the Council of Ministers - the Government of the Russian Federation on August 6, 1993, spoke about the completion in 1993 - 1994 of work not only on the Civil Code, but also on the Commercial Code of the Russian Federation. Decree of the President of the Russian Federation No. 848 of April 29, 1994 on the research program "Ways and forms of strengthening the Russian state" provides for the need to develop an Entrepreneurial Code.

    However, so far, not a single one of these draft codes has been adopted by the country's highest legislative body.

    The article discusses such categories as legislation, approaches to this concept, reasons for different understandings of the term

    "legislation". The author proposes the concept of legislation on entrepreneurial activity as a set of complex normative legal acts of varying legal force, containing norms of private and public law, and also reveals the composition of entrepreneurial legislation. The problem of delimiting the competence of the Russian Federation and the constituent entities of the Russian Federation in the sphere of regulating business legislation under Art. 71-73 of the Basic Law of the Russian Federation.

     

    Keywords: legislation, business legislation, composition, elements, features of legislation on business activities, delimitation of the competence of the Russian Federation and the subject of the Russian Federation in the field of business legislation.

     

    Yakovenko Aleksey S. Development of legal relations using autonomous robotic systems

     

    Abstract: the article describes the problems of application of autonomous technologies for unmanned mining of minerals in the Russian Federation. The issues of increasing production of certain types of minerals, all-Russian shortage of competent specialists, protection of technological sovereignty, economy and well-being of citizens pose the most difficult challenges to the industry in Russia. And one of the answers to these challenges is the application of the most advanced robotic autonomous technologies in exploration, mining and processing of minerals.

    Mining is the locomotive of Russian science and technology, and unmanned mining technologies combine the science of prospecting, exploration and extraction of minerals, transportation technologies, mechanical engineering, instrumentation and electronics, computer science, in particular the application of artificial intelligence and cybernetics. But along with the application of new technologies there are gaps in the regulation of safe use of such technologies and new legal relations that require new approaches or significant clarification of existing norms.

    The article reviews the current methods of regulation of artificial intelligence in Russia, robotic and unmanned autonomous vehicles, describes the problematic issues of their use in the mining industry, the differences from the previously existing unmanned remote-controlled vehicles, considers conflicts with key regulatory acts, in particular those governing industrial safety and liability in cases of accidents and suggests solutions. Special attention should be paid to the relationship, distinction and correct definition of the terms "unmanned" , "autonomous", "autonomous unmanned", "robotic technologies" and the connection with the concept of "artificial intelligence" Our paper will give an overview of the current definitions and their relationship.

     

    Keywords: autonomous, robot, vehicle, artificial intelligence, highly automated vehicle, autonomous technologies, unmanned mining.

     

    MEDICAL LAW

     

    Ponkin Igor V. Medical images and computer vision: concept, problems, legal aspects

     

    Abstract: the article is devoted to the application of computer vision in medicine and related legal issues. Today, the most common causes of defects in medical care include: insufficient clinical data, inadequate diagnostic tests, defective reading of medical images. The solution to the problems of combating omissions and defects in diagnoses, increasing the accuracy of diagnosis and safety of medical care can be found in the sphere of application of medical computer vision. The paper explains the general concept of computer vision.

    The author gives an explanation of the concept and essence of medical computer vision. The article outlines and explains the main functionalities and areas of applicability of medical computer vision. The author articulates the essential problems of design and implementation of medical computer vision - more serious than in the implementation of computer vision in other fields (for example, autonomous transportation). These challenges are defined by the visual anatomical features of human internal organs and tissues.

    With the growing integration of artificial intelligence and machine learning into medicine (including computer vision technologies), there are more and more reasonable concerns that inaccuracies and failures of computer algorithms can lead to harm to the health of patients and, consequently, to the liability of doctors. Collaborative work between healthcare providers and computer vision artificial intelligence modules is becoming a critical feature of the clinical landscape. This problem is addressed in the article. The author shows different points of view to solve the mentioned problem. On the other hand, technical computer vision modules paired with artificial intelligence have a great potential to reduce the risks of medical errors and other defects of medical care in the future.

     

    Keywords: medical image, medical computer vision, medical care defect, meta-universe, digital twin-model ofpatient, patient, medical law.

     

    INTERNATIONAL AND COMPARATIVE LAW

     

    Lazutin Lev A. The non-proliferation of the weapon of mass destruction (specifically the nuclear one) in the modern world.

     

    Abstract: the current international situation is characterized by a sharp aggravation of contradictions between States on the verge of unleashing a world war. At the same time, they are increasingly speaking out about the use of nuclear weapons and weapons of mass destruction. Despite the universally accepted treaty on the non-proliferation of nuclear weapons, a number of States, and, first of all, the United States, are pursuing a policy of "commercialization" of nuclear technologies, thereby violating their obligations. Currently, there is a transformation of the nuclear nonproliferation strategy from a defensive one into a "counter-proliferation" strategy, which focuses on actively countering proliferation by all means and methods aimed at spreading any technologies related to countering the proliferation of fissile materials of the nuclear fuel cycle. At the same time, the use of force through preventive actions against a potential enemy is considered the norm. The positions of multinational corporations related to nuclear issues are aimed at getting business, rather than preventing the proliferation of nuclear weapons, which represents international security at the present stage.

     

    Keyword: Weapon of mass destruction; nuclear weapon; fissile nuclear material; non-proliferation; counter-proliferation; IAEA; international control; responsibility

     

    Aminov Evgenii R. The problems of application of foreign law by Arbitration Courts of the Russian Federation in considering cases involving foreign legal entities.

     

    Abstract: the article examines the current problem of the application of foreign law by arbitration courts of the Russian Federation in case involving foreign parties. The author notes that until recently, the courts' reliance on the public policy exception to limit the application of foreign law was exceptional in nature. Upon examining contemporary practice, the author concludes that Russian courts have generally developed a negative attitude towards any application of foreign law in cases involving foreign legal entities, particularly those from «unfriendly» countries, that is at odds with the underlying purpose of the public policy exception.

     

    Keywords: international private law, mandatory rules, public policy exception, foreign legal entities, arbitration courts, sanctions

     

    Borisova Nadezhda S. Application of machine-readable law technologies: international experience

     

    Abstract: automation and algorithmization of public relations is the main trend of the last decade, in this regard, the issue of regulating these processes remains relevant. The world is actively trying to automate legal norms, from the creation of IT products designed to automate the legal function, to the design of legal norms in the form of code and their self-execution, the use of artificial intelligence in law. The most debatable question is whether it is possible to use the description of legal relations in formal languages in the form of a source of law and whether a set of technology technologies has been formed for this. Within the framework of this article, the experience of creating machine-readable norms of different countries will be analyzed, the advantages and disadvantages of different approaches will be highlighted.

     

    Keywords: digital technologies, optimization of legal processes, legal services, data processing, legislation as code, automation of law, machine-readable law, ontology of law, legal technology, LegalTech, LawTech, artificial intelligence.

     

    HISTORY OF THE STATE AND LAW

     

    Kofanov Leonid Lv. The Customs of the Curia as a source of Constitutional Law in Rome during the Republic Era

     

    Abstract: according to classical lawyers, custom is an unwritten law, the will of the people, acting with his tacit consent. According to the constitution of Emperor Leo, what was adopted by the Senate was also considered custom. During the republic, the custom was understood by the Romans as a kind of ritual established by practice, primarily in the sacred sphere, led by priests and the senate.

    The Senate, according to Polybius (6. 16.3), had power only by virtue of custom. Custom also played a key role in the organization of all activities of the Senate: its convocation, internal hierarchy, voting, the order of meetings and decision-making. It was on the basis of customs that the Senate exercised general control over religious rites. At the same time, the customs of the Curia extended to international relations led by the Senate. Finally, the Senate also exercised judicial functions, according to the customs of the ancestors, punishing state and war criminals who violated the sacred foundations of the Roman state. At the same time, control over the activities of the Senate was carried out by plebeian tribunes and censors elected by the people. The latter not only re-elected the Senate, but also supervised its customs (cura morum). At the same time, custom, as the "best interpreter of the law" (D.1.3.37), allowed the Senate to make adjustments and changes to laws adopted by the people.

     

    Keywords: Consuetudo, mores maiorum, custom, ritual, curia, senat, cura morum.

     

    TRIBUNE OF THE YOUNG RESEARCHERS

     

    Pashinina Elena 0. Holding company in the mechanism of legal regulation of entrepreneurial activity in the oil and gas industry of the real sector of the economy.

     

    Abstract: in this article, the holding company is considered not from the point of view of its institutional form, but as an artificial formation - a set of legal norms in the mechanism of legal regulation of entrepreneurial activity. This approach allows the author to assess the effectiveness of legal regulation of entrepreneurial activity in the oil and gas industry, which remains of key importance for the socio-economic development of the country. The article analyzes the features of public relations in the oil and gas sector of the economy, highlights the purpose of legal regulation of entrepreneurial activity in this industry, and defines criteria for the effectiveness of legal means: compliance of legal means with value-target determination, applicability and compliance with legal techniques. Based on the analysis of the special literature, the author comes to the conclusion that the oil and gas holding company represents an effective legal means of ensuring a balance of public and private legal interests at all stages of the life cycle of oil and gas products.

     

    Keywords: mechanism of legal regulation, legal means, holding company, oil and gas holding company, real sector of economy, effectiveness of law

     

    Ebergardt Semyon A. Directions for development of machine executed transactions in the conditions of digitization of law

     

    Abstract: the article is devoted to the analysis of priority directions for the development of machine-executable transactions in the context of digitalization of law. The key aspects of machine-executed transactions are considered, including their concept, essence, advantages and potential risks. Attention is paid to such areas of development as improving the regulatory framework, developing technical standards, ensuring information security, creating a unified terminology and classification, as well as integrating machine-executable transactions with existing legal mechanisms. The need to develop mechanisms for legal regulation and protection of the rights of participants in machine-executed transactions is emphasized. Foreign experience in regulating machine-executed transactions is analyzed. The conclusion is drawn about the importance of an integrated approach to the development of machine-executable transactions, taking into account the interests of all stakeholders and ensuring a balance between technological innovation and legal guarantees. The article is intended for specialists in the field of law, information technology, as well as anyone interested in the issues of digitalization of legal relations.

     

    Keywords: machine-executable transactions, digitalization of law, blockchain, information security, legal regulation, foreign experience.

  • Business, Management and Law
    No. 1 (2024)

    DIGITALIZATION OF ECONOMY AND ARTIFICIAL INTELLIGENCE

    Belykh Vladimir S. Topical Problems of Improving Civil and Business Legislation in the Conditions of Digitalization of Economy and Business 

    Abstract. The article deals with some issues of improving civil and business legislation in the conditions of digitalization of economy and business. In particular, the author names different directions of “commercialization” of civil legislation. One of them is freedom of economic (entrepreneurial) activity, i. e. a fundamental principle of civil law. The second direction is the legalization of digital business in the Civil Code of the Russian Federation. Improvement of corporate legislation is the next direction. We are talking about holdings, concerns, consortiums, pools and other entrepreneurial associations. Entrepreneurial associations are a topic of complex (inter-­ sectoral) regulation; it does not fit into the structure and concept of the Civil Code of the Russian Federation. Nevertheless, the author of the article proposes to include a separate chapter in the structure and the concept of the Civil Code, which would regulate the legal status of such associations. Further, the article notes that the legal regulation of the stock market lags behind the real sector of the economy and is not an objective indicator of its condition. In conclusion, the article analyzes the concept of “entrepreneurial contract”, as well as its features.

    Keywords: civil and business legislation; freedom of economic activity; business associations; securities; stock market; business contract; electronic transactions; electronic documents

    Arkhiereev Nikolai V.   Current Problems of Using Artificial Intelligence in Business Relations

    Abstract. The importance and usefulness of artificial intelligence have been discussed in recent years both in doctrine and in practice. This article focuses on the problems that may arise when using artificial intelligence in entrepreneurial relationships. One of them is the reduction of staff and number of personnel related to automatization of certain processes. The next problem is of doctrinal nature. It lies in the lack of a clear legislative framework that would distinguish between the automatization of certain processes of economic activity and the work of artificial intelligence. Further, the article considers artificial intelligence as a certain tool for managing enterprise and entrepreneurial risk. In conclusion, the author proposes to amend the current legislation related to the use of artificial intelligence.

    Keywords: artificial intelligence; legal regulation; legislation; business relations; business risk; technology

    Serova Alena V. On the issue of Machine- Readable and Machine-Executable Employment Law 

    Abstract. The development of the digital economy contributes to meeting the needs of society and the state in ensuring law and order through the use of digital technologies to create and implement employment law norms. The article analyzes the semantic meaning of the concept of "machine-readable and machine-executable employment law", and problems and prospects of its development. At the same time, special attention is paid to such concepts as artificial intelligence, electronic document management in the field of labor relations. The author of the article notes that labor legislation contains shortcomings in the field of conceptual apparatus, as well as other defects, for example: shortcomings, contradictions, imperfection of labor law norms and apparatus, as well labor law structures, which lead to problems of law enforcement, violation of labor rights and legitimate interests of subjects of labor and other directly related relations.

    Keywords: machine-readable employment law; machine-executable employment law; digital technologies; artificial intelligence; electronic document management in the field of employment relations 

    Ebergardt Semyon A. Artificial Intelligence in Law-­ Making: Prospects and Risks

    Abstract. Rule-making activity is understood as the activity of authorised state bodies and officials on development, consi-deration, adoption and publication of normative legal acts. Rule-making is the foundation of the legal system, on the quality of which depends the stable functioning of all institutions of society. Modern technologies offer a unique opportunity to bring normative activity to a new level. The article analyses the prospects for the introduction of artificial intelligence tools in rule-ma-king activity. The article examines the prospects of AI application at the stages of planning normative activity, preparing a draft normative act, carrying out expertise, discussing and coordinating the draft act, adopting the normative act, and publicizing the adopted act. The author analyzes possible risks of introducing artificial intelligence in law-making activity: risks associated with the errors in the work of artificial intelligence algorithms, bias of artificial intelligence, insufficient transparency and clarity of the results obtained using artificial intelligence technologies, and loss of practical skills and competencies of legal professionals. The author proposes mechanisms to minimize the existing risks. The author concludes that positive potential of artificial intelligence can be minimized under a set of certain conditions.

    Keywords: artificial intelligence; technology; normative activity; stages of normative activity; normative legal act

    PUBLIC LAW

    Zapolsky Sergey V. Legal Status of Affiliated Joint-Stock Companies that are Part of State-Owned Companies

    Abstract. The present article aims to highlight the peculiarities of formation and improvement of the economic mechanism in the sphere of especially important production complexes, providing inter-sectoral interests, functioning of system-forming economic organizations and primarily defense industry enterprises. Practice has developed several legal forms of ensuring the combination of market conditions of economic activity with guarantees of fulfilling strategic tasks of economic development. New forms of state management of the economy, i. e. concerns, consortiums, holdings, financial and industrial groups called to prevent the reduction of controllability, continue to face the lack of legal regulation of their activities.

    Keywords: management; economic development; concerns; state corporations; holdings; state defense order; competence; legal responsibility; economic systems

    Dorozhkin Igor O. On the Advisability of Criminalizing the Liability of Business Entities

    Abstract. Russian science has long debated the question of the need to make additions to the criminal legislation in terms of establishing the criminal liability of legal entities. The author doubts the expediency of introducing the norms on criminal liability of legal entities, into Russian legislation since the goals proclaimed by the proponents of this concept can be achieved by existing legal means. In support of his position the author draws attention to the sources of the origin for the idea of bringing legal entities to criminal liability and also notes the desire of the legislator, even in the sphere of civil law, to determine a specific person guilty of making decisions carried out by the organization. In addition, the article examines sanctions provided for legal entities by foreign criminal codes and correlates them with the Russian legislation. The author draws attention to the fact that the idea of increasing the amount of penalties may be crushed by the impossibility of their collection.

    Keywords: business entities; criminal liability; piercing of the corporate veil; sanctions

    Anikeenko Yulia B., Novoselova Natalia V. Peculiarities of Administrative Liability of Owners and Lessees of Vehicles when Entering into a Vehicle Lease Agreement

    Abstract. Based on the current legislation, judicial practice and modern points of view the authors reflect on further prospects of developing the institute of administrative responsibility of owners (proprietors) of vehicles and lessees when entering into a contract of lease of a transport vehicle. The authors emphasize the problems of bringing the owners of vehicles and lessees to administrative responsibility. The paper emphasizes the need for additional legal regulation of this issue in the current Code of the Russian Federation on Administrative Offences, the new draft Code of the Russian Federation on Administrative Offences and the draft Procedural Code of the Russian Federation on Administrative Offences. The methodological basis of the research is based on a systematic approach to the legal relations under study. In drawing conclusions, the authors rely on formal legal and comparative legal methods. The article proves that equating an administrative fine to losses is incorrect and inadmissible use of civil-law norms for regulating administrative relations. For further improvement of administrative tort legislation, it also seems necessary to specify the dispositions and sanctions of articles of the Special Part the Administrative Code of the Russian Federation providing for administrative liability.

    Keywords: administrative responsibility; administrative offense; subject of administrative offense; owner of the vehicle

    PRIVATE LAW

    Aminov Evgenii R. Recovery of Losses in the Form of Exchange Rate Differences: Problems of Law Enforcement Practice

    Abstract. The article considers the problem of recovery of losses in the form of exchange rate difference from a debtor who has delayed the fulfillment of a monetary obligation. The author draws attention to the contradictory judicial practice in such ca-ses. Examining the recovery of losses as a universal way of protecting civil rights, the basic principles of civil legislation, in par-ticular, the principle of good faith, it is concluded that it is possible in a contractual legal relationship to protect the creditor by collecting losses in the form of exchange rate differences from the debtor who has delayed the fulfillment of a monetary obligation expressed in foreign currency.

    Keywords: losses; obligation; performance of a contract; creditor; debtor's delay; exchange rate differences; unfair behavior; business risk

    Latyev Aleksandr N. On the Conventionality of Boundaries of Subjects of Property Relations (end of article) 

    Abstract. The article is devoted to the issue of determining the boundaries of the property sphere of participants in civil relations, both legal entities and individuals, ways to change these boundaries and additional opportunities that such a change opens up for civil circulation. Dedicated to the fiftieth anniversary of the establishment of the Department of Economic Law at the Sverdlovsk Law Institute (now the Business Law Chair of Ural State Law University named after V. F. Yakovlev).

    Keywords: property relations; legal entities; individuals; civil circulation; property complexes

    Rubtsova Natalya V. Peculiarities of Acts of Autonomous Legal Regulation of Entrepreneurial Activity 

    Abstract. The features of acts of autonomous regulation are analyzed taking into account the current stage of development of entrepreneurial activity. The non-identity of autonomous and individual legal acts is emphasized, since it is autonomous legal acts that have a regulatory impact on participants in business relations. Of particular importance are such autonomous acts as contracts and corporate legal acts. It has been proven that the programming function of autonomous corporate acts lies in their ability to have a regulatory impact on participants in corporate relations. In turn, it is the contract, as an autonomous act, that mediates entrepreneurial relations and ensures the beginning of private law regulation of entrepreneurial activity. Therefore, it acts as the main programming, "driving" legal means of regulating entrepreneurial activity.

    Keywords: autonomous act; mechanism of legal regulation; corporate legal act; agreement; entrepreneurial activity

    Grigorieva Olga A. Subjects of Construction Activity

    Abstract. The article emphasizes the importance of construction as a branch of the Russian economy. It stresses the importance of understanding the role and significance of the persons involved in the construction of objects. The author names the participants who can be subjects of construction activity. The author analyzes their legal status, drawing attention to the fact that for some participants, e. g. specialized developers, the law provides a special status. Some subjects, e. g. customer services, have been known to the domestic legal order since the Soviet times. At the present stage of the construction industry there is self-regula-tion, so the importance of self-regulatory organizations (SRO) is great. An association of persons can also be a part of the relationship. One of the problems is the lack of legal definition of applicable concepts. Legislative gaps do not contribute to the development of the construction industry. The issue that requires the attention of the legislator is the disparate information about the participants of construction activity. Today such information must be obtained through different digital resources. This situation significantly complicates the activities of interested parties. Special attention in the article is paid to the need to ensure information openness and accessibility of information about the subjects of construction activities by maintaining appropriate unified registers on digital platforms on the Internet.

    Keywords: subjects of construction activity; developers; investors; builders; customers; contractors; users of objects

    INSOLVENCY (BANKRUPTCY)

    Semyakin Mikhail N. Correlation of General and Special Grounds for Challenging Debtor’s Transactions in Legal Relationships Related to Insolvency (Bankruptcy)

    Abstract. The article analyzes the positions expressed in the legal literature concerning the general and special grounds for invalidation of debtor's transactions in the field of insolvency (bankruptcy). The author evaluates them and argues that, as a general rule, special grounds should be applied in this sphere, except for cases when certain constituent elements of the transaction are beyond the special grounds. The article considers the normative basis of regulation of relations concerning contestation of debtor's transactions in case of his/her insolvency (bankruptcy), as well as related provisions formulated by the arbitration prac-tice, and makes considerations concerning the possibility of applying the provisions on invalidity of transactions when contesting actions, which are not transactions, of the debtor on fulfillment of obligations. The author examines other authors' opinions concerning the fact that in case of debtor's non-legality, his/her will can be completely ignored when applying the grounds of invalidity for qualification of actions on implementation of the transaction. In this connection, the article expresses the author's opinion that a differentiated approach is required here - with respect to transactions that comply with the requirements of the legislation in the field of insolvency (bankruptcy), and when the debtor's actions to fulfill the obligation are of bad faith nature, and violate the rights and legitimate interests of creditors and third parties in the insolvency (bankruptcy) case. In conclusion the author considers the correlation between general and special grounds of invalidity of transactions in the debtor's bankruptcy procedure, as well as the assessment of the will of the defective debtor expressed in the act (action) on fulfillment of the obligation.

    Keywords: transactions; grounds; contestation; debtor; special norms; general; correlation; actions on fulfillment; invalidity; void; voidable; contestable; will; bad faith; abuse of right; insolvency (bankruptcy); legislation

    Kirichenko Andrey V. On the Issue of the Right of the Arbitration Manager to Demand Information and Documents from the Debtor’s Counterparties

    Abstract. The article deals with the issues relating to the exercise of powers by a bankruptcy trustee to request information about the debtor from legal entities and individuals who are his counterparties. Using examples of court practice, the author analyzes legal approaches to this problem, including the grounds for approval of the respective applications of trustees, procedural aspects of their consideration, methods of compulsion to execute judicial acts, as well as the forms of implementation by the counterparty of the corresponding obligation.

    Keywords: insolvency (bankruptcy); arbitration manager; request for documents

    Slavich Maria A. Replacement of Developer as Transfer of Contracts by virtue of Law: What Risks Should be Considered by the Acquirer

    Abstract. Such method of satisfying claims of construction participants as transfer of rights and obligations of the developer to another person (replacement of the developer) is regulated in the Bankruptcy Law. Despite the apparently quite detailed and consistent description of the procedure for its implementation, the procedure for the replacement of the developer is regulated in the most general way. The legislator limited himself to the indication that the bankruptcy (external) manager and the acquirer shall sign an agreement on the transfer to the acquirer of the land plot with the inseparable improvements and obligations of the developer located thereon (hereinafter - the transfer agreement) and a transfer deed to it. The issues of the content of this agreement are not regulated in the Bankruptcy Law. In addition, the legislator did not pay attention to the issue of the scope of the debtor's obligations to be transferred (along with obligations from the debtor's unfulfilled contracts with construction par-ticipants) to the new developer. At the same time, such an approach carries significant, non-obvious risks for the investor. Taking into account the legal position that the transfer of rights and obligations of the developer to the acquirer is the transfer by virtue of law to a new developer (acquirer) of the debtor's contracts (transfer of the contract), there are additional financial risks for private investors in case of their assumption of rights and obligations of the developer-bankrupt. The authors give recommendations on their minimization.

    Keywords: bankruptcy; developer; transfer of the contract; replacement of the developer; satisfaction of the claim

    LAND, URBAN PLANNING AND ENVIRONMENTAL LAW

    Vagina Olga V., Shiryaeva Tatyana V. Legal Problems Related to Encumbrance by Easement of a Land Plot on which an Apartment Building is Located for Passage and Driveway Purposes 

    Abstract. The article deals with legal problems related to the objective necessity of using the land plot on which an apartment building is located for passage and driveway purposes. Analyzing the norms of law and judicial practice and considering that the legislation currently enshrines provisions on four types of easements (easement; public easement; easement on land plots owned by the state and municipalities; public easement for certain purposes), the authors conclude that under certain circumstances the above-mentioned land plot may be encumbered by easement, public easement, and easement on land plots owned by the state and municipalities. The decisive value in choosing the appropriate type of servitude will be the type of ownership of the land plot: whether the land plot continues to be in one of the public forms or whether the boundaries have been established on the ground the plot has been put on the cadastral register and, consequently, it has been transferred to the common shared ownership of the owners of the apartment building premises, which is provided for by the housing legislation of the Russian Federation, and the public ownership has been transformed into private ownership.

    Keywords: multi-apartment residential building; easement; public easement; easement on land plots owned by state and municipal property

    Gaevskaya Ekaterina Yu. Elimination of Objects of Accumulated Environmental Damage as one of the Indicative Factors of Environmental Security

    Abstract. The scientific article analyzes recent changes in legal regulation of social relations in the field of liquidating objects of accumulated environmental damage as one of the indicative factors of environmental safety. The author notes great importance of the effectiveness of legal regulation concerning the liquidation of objects of accumulated environmental damage and the relevance of determining the measures of their organizational and legal support. The author provides the statistical data of implementation of the federal project "General cleaning" approved in order to solve the long-term urgent problem of liquidation of environmentally hazardous objects throughout the Russian Federation. Summarizing the article, the author emphasizes the need for measures to conduct a complete inventory of objects of accumulated harm to the environment and to assess their impact on the health of citizens and the longevity of their lives, and notes the aspects that left out of the legislator's attention.

    Keywords: objects of accumulated harm; ecological safety; environment; ecological situation; federal project "General cleaning"

  • Business, Management and Law
    No. 4 (2023)

    BUSINESS AND SCIENCE NEWS

    50" Anniversary of the Business Law Department

    Foresight session "Financial Market of the Future: Challenges and Opportunities of Digitalization"

     

    PUBLIC LAW

     

    Paramonova S. P. On the issue of the essence and characteristics of legal presumptions

    Abstract. This article considers the category of "general assumption", which underlies the understanding of the essence of legal presumptions, and also identifies the essential characteristics of legal presumptions. Based on the analysis of doctrinal sources, the author establishes that presumptions operate not only in the sphere of law, but also in various fields of knowledge. At the same time, legal presumptions operating in law differ from general assumptions applied outside the legal field by important qualitative characteristics, including, in particular, the normative nature of legal presumptions and the presence of a legal presumption of the object of the assumption - a specific legal fact, rebuttability of the presumption. The author considers the acceptance by the court, when considering a case, of a presumed fact associated with the fact that is the basis of the presumption without a proof procedure, as a means of procedural economy.

    Keywords: legal presumptions; evidence; rebuttability of presumption; presumed fact; legal proceedings

     

    Kozhevnikov O. A., Krysanov A. V. The legal status in Russia of persons without a fixed place of residence and certain issues of protection of their rights by the Constitutional Court of the Russian Federation .

    Abstract. In the proposed article, based on the study of normative legal material and other documents, some aspects of the legal status of persons without a fixed place of residence in the Russian Federation are investigated, a generalization and analysis of the federal constitutional and legal practice of protecting their rights is carried out. The authors draw attention to the conditions that hinder the development of the institution of judicial protection of the rights of homeless by the Constitutional Court of the Russian Federation, thesis on the importance of strengthening the role of authorized state authorities, first of all, the executive branch, according to the formation of such law enforcement practice, which would be maximally aimed at protecting the rights of citizens who are permanently and temporarily homeless, since it is the rights and freedoms of man and citizen, regardless of any social differences, that determine the meaning, content and application of laws, the activities of legislative and executive authorities, local self-government.

    Keywords: Constitution of the Russian Federation; Constitutional Court of the Russian Federation; persons without a fixed place of residence; homeless

     

    Ruf V. S., Nechkin A. V. Specialized bodies of constitutional control in Russia and Kazakhstan: a comparative analysis of the order of formation and the basics of functioning

    Abstract. Article provides a comparative analysis of the order of formation, composition, powers of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Kazakhstan, subjects who have the right to appeal to these bodies, as well as bodies providing organizational, material, technical and other support for constitutional control bodies. The main prerequisites for the creation of an independent body of constitutional judicial control are indicated. Normative and scientific sources devoted to the peculiarities and procedure of formation of constitutional control bodies in the countries of the Commonwealth of Independent States are investigated. The features of the Constitutional Council that previously functioned in the Republic of Kazakhstan are considered, certain provisions of the organization and activities of which predetermined the image of the Constitutional Court of the Republic. A brief history of interaction between the two neighboring states is presented. The relevance of the comparative analysis of the supreme state bodies of constitutional control within the framework of Eurasian integration is substantiated, including at the level of developing common standards of the state structure: legislative, executive and judicial authorities. The limits of borrowing of certain regulations that predetermine the organization and functioning of the Constitutional Court of the Russian Federation when creating the Constitutional Court of Kazakhstan are pre-sented. Conclusions are drawn about the peculiarities of the organization of the new supreme judicial body of constitutional control in the Republic of Kazakhstan.

    Keywords: Constitution; Constitutional Court of the Russian Federation; Constitutional Council of the Republic of Kazakhstan; Constitutional Court of the Republic of Kazakhstan; composition; powers; formation procedure

     

     

    Sevryuk D. V. Impact of digital transformation and information society development on ensuring state sovereignty Suhorukov A. S. Features of the protection of competition by regional constitutional justice bodies

    Abstract. The information society is a new reality in which modern States exist. The rapid development of digital technology has led to the need to transform the already familiar structures of social relations. A key role in this process is assigned to the State as the bearer of sovereignty and the regulator of social relations. One of the key processes in this area is the digital transformation of these relations, including public administration. Modern States and communities of such States are called upon to fulfil their information function in new circumstances by establishing a new domestic and global information policy

    Keywords: digitalization; automation; informatization; digital transformation; state sovereignty; information society

     

    Aleksandr S. Suhorukov. Features of the protection of competition by regional constitutional justice hodies

    Annotation. The article examines the features of the protection of competition by regional constitutional justice bodies. The relevance of this research is determined by the development of market relations within the framework of the ongoing constitutional reform in the Russian Federation and the definition of a new role of the constitutional (statutory) councils of the subjects of the Russian Federation in the system of state authorities of the subjects of the Russian Federation and the mechanism for the protection of human and civil rights and freedoms. The purpose of this article is to reveal the specifics of the protection of competition and the constitutional right to competition by the constitutional (statutory) courts of the subjects of the Russian Fed-eration, as well as to assess the prospects for the protection of these constitutional categories by the constitutional (statutory) councils of the subjects of the Russian Federation, to identify problems in their protection within the framework of constitutional control at the level of the subjects of the Russian Federation and to develop proposals for improving legislation in part creation of real and effective mechanisms for the protection of competition and the constitutional right to competition. The article analyzes the problems of creation and activity of constitutional (statutory) councils of subjects of the Russian Federation, as well as powers in the field of protection of competition and the constitutional right to competition, formulated proposals for improving the current legislation.

    Keywords: competition; protection and development of competition; constitutional right to competition; constitutional (statutorv) courts of subjects of the Russian Federation; constitutional (statutory) councils of subjects of the Russian Federation

     

    CIVIL AND BUSINESS LAW

     

    Vagina O. V., Gaevskaya E. Yu., Gerasimov O. A. National Security Strategy in the Mechanism of Interacting between Real and Financial Sectors of the Economy

    Abstract. The effectiveness of legal regulation of social relations is determined by the criteria and indicators characterizing the ratio between the goals and the results of such legal impact on the economy and business. The author concludes that the interaction of two economy sectors that provides sustainable development of the real sector of the economy will be the criterion of the effectiveness of legal regulation of entrepreneurial activity in the financial sector of the economy. In turn, the authors attribute the following phenomena to the indicators of the effectiveness of legal regulation of entrepreneurial activity in the financial sector of the economy: gross domestic product; "efficiency of the Russian economy".

    Keywords: national economy; financial sector of economy; real sector of economy; life cycle of production infrastructure; investment; investment activity; investment contract; efficiency of legal regulation

     

    Latyev A. N. On the conditionality of the boundaries of subjects of property relations (continuation of the article)

    Abstract. The article is devoted to the issue of determining the boundaries of the property sphere of participants in civil rela-tions, both legal entities and individuals, ways to change these boundaries and additional opportunities that such a change opens up for civil circulation.

    Keywords: property relations; legal entities; individuals; civil circulation; property complexes

     

    Kutsurubova-Shevchenko H. V., Kutovaya I. Ed. From economic law to business law: experience of the Lugansk People's Republic

    Abstract. The article is devoted to the study of the process of transition from economic law to business law in the territory that was part of Ukraine, and then an independent state. The article gives a brief overview of the Donetsk school of economic law. the effectiveness of the rules of the Economic Code in Ukraine, the problems of its operation in the Lugansk People's Republic.

    Keywords: economic law; business law; Lugansk People's Republic; Economic Code Ukraine; school of economic law; economic activity

     

    Slavich M. A. Legal nature of replacement of the developer in the case of insolvency (bankruptcy) of the developer Slobodyanyuk A. P. Persons controlling a corporation and persons entitled to make a profit on the results of its activity: comparative legal analysis

    Abstract. The provisions of the legislationwere supplemented with norms providing for such a way to meet the requirements of construction participants as transferring the rights and obligations of the developer to another person (replacing the organization-developer) in 2015. Based on the results of the analysis of the legislation, conclusions are drawn that the transfer of the rights and obligations of the organization-developer to the acquirer is the transfer by virtue of the law to a new developer (acquirer) of the debtor's contracts (transfer of the contract); a legal remedy that is a type of such a method of protection rights as a change in a legal relationship; the basis for the emergence of ownership of a land plot/an object of unfinished construction from a court deci sion (definition) that is not provided for by the general provisions of civil legislation; one of the cases of using legal fiction in law.

    Keywords: bankruptcy; organization-developer; participant in shared construction; satisfaction of the claim; replacement of the organization-developer developer

     

    Alexander P. Slobodyanyuk ‘Persons controlling a corporation and persons entitled to make a profit on the results of its activity: comparative legal analysis’

    Abstract. The control over a corporation is a defining aspect in many legal relationships, including the establishment of subsidiary relationships, tax, antitrust, bankruptcy and sanctions regulation, as well as in the anti-money laundering and anti-terrorist financing legislation. It is important not to allow the intermixture of those persons, who make a profit on the results of the activities of a corporation, and those, who control the activities of the latter, as those are not always the same persons. In this article we make an attempt to consider some of the grounds for the origin of the corporate control and the right to make aprofit on the results of the corporation's business activities, to identify certain ways of building a corporate structure in which a person who has the right to make aprofit on the results of the corporation, will not have the actual control over its activities and vice versa.

    Keywords: corporation; corporate control; controlling person; beneficiary; profit sharing; right to profit; trust; discretionary trust

     

    EMPLOYMENT LAW

     

    Koval' V. P. Structure of the legal position of the Supreme Court of the Russian Federation on labor disputes

    Abstract. The concept of "legal position", which is widely used, is not abstract - on the contrary, it has a certain content and structure, which vary depending on the type of legal position. One of the types is the legal position of the Supreme Court of the Russian Federation on labor disputes. It is generally recognized that legal positions have a direct impact on legislation and law enforcement. It is necessary to understand, firstly, what has an influence (structure of a legal position); secondly, how this influence is exerted (functions of a legal position). The answer to the first question is the purpose of this article. Structural and functional analysis of the legal position helped to reveal the content of its elements with the involvement of law enforcement practice on labor disputes. Using examples from practice it is shown that the structure of a legal position depends not only on the judicial act in which it is enshrined, but also on the type of legal activity of the court. The author developed the structure of the legal position of the Supreme Court of the Russian Federation on labor disputes; made practical recommendations.

    Keywords: legal position; labor dispute; court decision; court ruling; court order

     

    URBAN PLANNING, LAND, ENVIRONMENTAL LAW

     

    Savvina L. Ya. About some legal aspects of the assignment of land plots to specially protected territories

    Abstract. In the land, town planning and other legislation of the Russian Federation, the legal regulation of relations regarding "specially protected areas" is increasingly being developed. The classification of land plots as specially protected areas entails a number of legal consequences, including the establishment of additional restrictions and prohibitions regarding economic and other exploitation of the land. At the same time, the very concept of such territories has not received legislative recognition. There is no unified approach in determining their features (characteristics). And only in the Land Code of the Russian Federation the phrase "specially protected areas" is applied to one of seven categories of land. This article analyzes and summarizes the provisions of the legislation of the Russian Federation on "specially protected areas"'. The study identifies general and special characteristics of the named territories, the purposes of their creation, as well as the categories of lands within which they can be located. The author proposes a definition of the concept of "specially protected areas", taking into account the named characteristics and purposes of creation. Next, a conclusion is drawn about the possibility of locating these territories within various categories of land and the content of their legal regime.

    Keywords: specially protected areas; land plots; categories of land; specially protected natural areas; zones with special conditions for the use of territories; legal regime of lands

     

    INTERNATIONAL AND COMPARATIVE LAW

     

    Khazanov S. D., Lifanov D. M. Legislation on extraordinary (special) legal regimes of the member states of the Commonwealth of Independent States: comparative legal analysis (part 2)

    Abstract. The article deals with normative legal acts in the field of legislation on extraordinary (special) legal regimes of the member states of the Commonwealth of Independent States. Special attention is paid to the study of the features of the introduction and implementation of legal regimes of military, state of emergency, emergency, counter-terrorism operation and countering extremism. On the basis of the comparative legal method, the changes in the legislation on extraordinary (special) legal regimes in connection with the administrative-tort legislation of the Commonwealth countries are analyzed, as a result of which some patterns of the system construction of the relevant regulations are revealed.

    Keywords: administrative and legal regime, extraordinary situation, legislation of the Commonwealth of Independent Statescoun-tries, comparative legal research, administrative and tort legislation

    The publication was prepared within the framework of the scientific project "Extraordinary legal regimes of public administration: problems of improving legislation and law enforcement practice"

     

    Shakhnovskaya I. V. Digitalization in the Republic of Belarus: constitutional and legal aspect

    Abstract. This article discusses the formation of the term «digitalization»: from the technical aspect to the transition to the level contesis are formetearch. the mere earne construstin a ieat in tid ons, ones in hestion of of sustic of constrtutional legal regulation, on the widening gap between the actual and real constitution under the influence of digital processes. Special attention is paid to the evolutionary development of constitutional law in the normative and doctrinal aspect. The article focuses on the transformation of public administration associated with the increasing role of civil society and various electronic associations in the process of making nationally significant decisions.

    Keywords: digitalization; subject of constitutional legal regulation; digital rights; information sovereignty; digital state; electronic associations; national statehood; evolution of constitutional law

     

    INVITATION TO DISCUSSION

     

    Gaida A. V., Dubichev V. R. The state as the most important value of the ideology of Russia

    Abstract: This article considers the system of organization of power of the Russian Federation in connection with the need to strengthen the role and place of the Russian state in the fight against global, civilizational and national challenges.

    Keywords: state; ideology of Russia; public power; civil society; local government

     

    TRIBUNE OF THE YOUNG RESEARCHERS

     

    Mindibaeva M. R., Pitirimova A. O. "Experiment" by O. A. Krasavchikov Ebergardt S. A. LegalTech in Russia: current state and prospects for development

    Abstract. This article analyzes the influence of the scientific works of October Alekseevich Krasavchikov on modern science and enforcement practice. In particular, such a concept as an experiment is considered. The importance of experimentation for science in general, as well as law enforcement practice, is revealed. The problematic aspects of understanding the experiment in various fields of science are highlighted. As a result, the question of the possibility of applying the experiment in the legal sphere is raised. The authors conclude that the application of the experiment in law enforcement practice will be successful if the "complex procedure" is followed.

    Keywords: O. A. Krasavchikov; experiment; experimentation; experimental legal regime

     

    Semyon A. Ebergardt  LEGALTECH IN RUSSIA: CURRENT STATE AND PROSPECTS FOR DEVELOPMENT

    Abstract. The development of digital technologies has led to an increased interest in automating and optimising processes in var ious areas, including legal. The complexity of legal procedures, growing volumes of information and high demands for speed of response push us to search for new effective solutions that will help us cope with modern challenges. In this context, LegalTech is becoming a necessity for the legal community. We aim to provide a comprehensive analysis of the current state of the legal technology market and explore the prospects this field presents for further development and improvement. The author names the world's LegalTech leaders and assesses the degree of development of this market in Russia. The author identifies the advantages of automation and optimisation, and outlines the factors slowing down the development of the LegalTech market. The paper discusses in detail the existing technological solutions already used in the legal sphere and identifies the key trends in this area. In the author's opinion, the paper should be of interest both to lawyers who are potential users of legal technology and to organisations involved in the development and implementation of technological solutions in the legal sphere.

    Keywords: LegalTech; automation and optimisation of legal processes; technology; artificial intelligence

     

    Borisova N. S. Digital technologies in law: LegalTech

    Abstract. The active development of digital technologies, the complication of public relations need to change approaches to the legal regulation of individual legal institutions. According to the Program for fundamental scientific research long term 2021-2030 by order of the Russian government, transformation of the legal paradigm in the digital economy, legal regulation of high technologies development of technological business and creation of comfortable jurisdiction for the global technological leadership of the Russian Federation is priority scientific directions in the field of jurisprudence. Introduction and using of innovative technologies in legal practice and public administration. The article considers the approaches of scientists to the definition of the terms LegalTech and LawTech, mechanization and automation of law. Based on the analysis of Russian and foreign literature, the stages of development of legal technologies.

    Keywords: digital technologies; optimization of legal processes; legal services; data processing; legislation as code; automation of law; machine-readable law; ontology of law; legal technology; LegalTech; Law Tech; artificial intelligence

     

    Fetisov V. B. On the question of the legal nature of compensation for environmental damage

    Abstract. The article examines the issue of determining the legal nature of compensation for damage caused to the environment as a measure of responsibility, in the context of the correlation of the characteristics of the institution in question with the signs of civil and public liability. The practice of interpretation and application of this institution in Russian law is considered, on the basis of the features identified in science and practice, a conclusion is made about the civil nature of compensation for environmental damage.

    Keywords: environment; compensation for harm; environmental harm; liability measures; civil law; public law; overcompensation

     

    MEMORY

    Memories of the Teacher. Valentin Karlovich Mamutov - outstanding economist and lawyer (to the 95" anniversary)

  • Business, Management and Law
    No. 3 (2023)

    PUBLIC LAW

    Svetlana S. Kuznetsova. Features of the division of competence on issues of integration of immigrants in the Federal Republic of Germany

    Abstract. This article is devoted to the implementation of the principle of federalism in the Federal Republic of Germany when delimiting the competence between the federation and the federal lands in the formation and implementation of integration policy towards immigrants. The article assesses federal legislation to identify the main directions of the state’s integration policy, as well as an analysis of the Basic Law of the Federal Republic of Germany in order to delimit the competence between the federation and its federal lands on issues of integration of immigrants. It is concluded that at the federal level the only integration measure is the integration course, however, federal legislation provides for the need to develop other integration measures, including at the level of federal lands. The Basic Law of the Federal Republic of Germany allows the federal lands to form integration policy measures in the field of education, culture, religion, and language. In addition, federal legislation imposes on the federal lands the obligation to perform the social adaptation of immigrants, which is ensured, among other things, by the structural inclusion of persons with an immigration background in the system of public administration of the federal lands. It is noted that there is a tendency in the Germany federal lands to enact uniform legislative acts regulating the measures of the integration policy towards immigrants.

    Keywords: federalism; diversity; migration; integration; distribution of competence; Federal Republic of Germany

    Sergey D. Khazanov, Dmitriy M. Lifanov. Legislation on extraordinary (special) legal regimes of the member states of the Commonwealth of Independent States: comparative legal analysis (part 1)

    Abstract. The article deals with normative legal acts in the field of legislation on extraordinary (special) legal regimes of the member states of the Commonwealth of Independent States. Special attention is paid to the study of the features of the introduction and implementation of legal regimes of military, state of emergency, emergency, counter-terrorism operation and countering extremism. On the basis of the comparative legal method, the changes in the legislation on extraordinary (special) legal regimes in connection with the administrative-tort legislation of the Commonwealth countries are analyzed, as a result of which some patterns of the system construction of the relevant regulations are revealed.

    Keywords: administrative and legal regime; extraordinary situation; legislation of the Commonwealth of Independent States countries; comparative legal research; administrative and tort legislation

    CIVIL AND BUSINESS LAW

    Vladimir A. Bublik, Vladimir S. Belykh. Modern Theory of Business Law: Balancing Private and Public Aspects

    Abstract. The article examines various concepts of entrepreneurial (business) law. The authors note that modern legal literature distinguishes three main theories of business law. The first and the dominant theory refers to “business law as an integral part of civil law”. The second theory treats “business law as an independent branch of law”. The third theory regards “business law as a complex branch (education)”. The authors of the article adhere to the views of the third theory of business law, which harmoniously combines private law and public law principles that regulate social relations. Being a complex branch, business law regulates a special kind of relations in the field of entrepreneurship. These relations form the so-called “objective unity”. At the end of the article, the authors formulate intermediate conclusions.

    Keywords: concepts of entrepreneurial (business) law; subject; methods and principles of business law; relations in the field of entrepreneurship; balance of public and private interests

    Aleksandr N. Latyev. On the conditionality of the boundaries of subjects of property relations

    Abstract. The article is devoted to the issue of determining the boundaries of the property sphere of participants in civil relations, both legal entities and individuals, ways to change these boundaries and additional opportunities that such a change opens up for civil circulation.

    Keywords: property relations; legal entities; individuals; civil circulation; property complexes

    Elena M. Kosyanenko. Legal qualification of agreements on the use of cloud services

    Abstract. The article is devoted to the analysis of practice on the inclusion of computer programs, databases, complex audiovisual and multimedia works and other intellectual property objects through remote access services in civil law turnover. Cloud technologies make it possible to reduce the costs of economic entities for infrastructure, maintenance and updating of information and telecommunications systems and software, are used both in the public and private sectors of the economy. The author aims to investigate the SaaS model of remote access, which provides the possibility of remote use of computer programs on third- party servers. The variants of the application of classical contractual structures and a mixed contract, are analyzed. Controversial issues of the qualification of the contract by the parties and the court lead to significant difficulties of a private law and tax nature, therefore, the aspect of regulating cloud services is quite relevant. Recent changes in the Russian tax legislation concerned, among other things, the possibility of applying benefits when transferring rights to the program by remote access. But business entities cannot fully enjoy this benefit due to uncertainty in the contractual regulation of cloud services and technologies. The results of the study were the author’s conclusions about the current problem and proposals for the inclusion of a special contractual structure in the legislation.

    Keywords: cloud systems; remote access; computer software; database; SaaS; intellectual property

    Olga S. Goncharova. Restrictions on the turnover of shares of non‐public corporation

    Abstract. This article presents theoretical analysis of some issues related to a non-public corporation in corporate law in Rus- sia. The paper analyzes the distinctive features of two forms of a public joint-stock company and a non-public company. A public company is the most acceptable structure for attracting a large amount of money into a business from an unlimited number of persons, while a non-public corporation is aimed at jointly conducting business with a narrow circle of clearly named participants. The author provides a comparison of two forms of non-public corporation – a limited liability company and a non-public joint stock company. Special attention is paid to the restrictions related to the turnover of shares and shares in non-public corporations. Noted, that the purpose of establishing restrictions of the free disposal of shares is to fix the personal participants in a non-public company and to reservation corporate control by specific members of the corporation. Despite the generally similar approach of the Russian legislator about law regulation of non-public joint stock company and limited liability company, there are differences of exercise of the right of pre-emption in respect of participatory interest (shares), obtaining the consent of other participants to sale shares, forbiddance of sale shares, exit of participant from corporation.

    Keywords: non-public corporation; right of pre-emption; restriction on the sale of a share (shares); consent on transaction

    Marina G. Erokhina, Ilya V. Georgiev. Identification of subjects of civil legal relations in the digital era

    Abstract. The authors considered such a phenomenon of the digital economy as the identification of the parties to civil law relations on the Internet. Two main problems in this area were identified: identification of the subject of turnover and its representative, respectively. In addition, the main modern methods of identification of persons used in practice are analyzed. The authors conclude that it is necessary to develop a certain arsenal of legal means to protect the rights of participants in civil turnover. In the process, it is also possible to use the public services portal more widely.

    Keywords: transaction; contract; identification; digital economy

    Alexander S. Kiselev. Opportunities and prospects of bank lending to startups as a means of social support for low‐income citizens

    Abstract. The main problem of poor citizens is low income, which does not allow them to purchase the products and medicines necessary to maintain a decent standard of living, access to education and social services is difficult. Taking into account the existing positive experience of the Financial University under the Government of the Russian Federation and Rosbank, possible directions of social support for low-income citizens are proposed, one of which is the organization and development of startups. It is obvious that it is not the temporary satisfaction of their needs that is more relevant for citizens, but the resources, knowledge and opportunities with which they will be able to develop themselves to such a level as to earn a sufficient amount of money with the help of their business and meet basic social needs. It is concluded that state support for startups, including their bank lending, can be the key to solving many socio-economic problems. Innovative solutions and products of startups in the future can improve public access to education, healthcare, food, security, etc.

    Keywords: social support; vulnerable segments of the population; social assistance; startup; innovative project; investment activity; state assistance to the population

    The article was prepared on the results of research carried out at the expense of budgetary funds pursuant to the state request of the Financial University under the Government of the Russian Federation in 2023.

    Maria A. Bazhina. Problems of Legal Regulation of Neural Network Application in Transport and Logistics Activity

    Abstract. Automation of transport and logistics activities is a necessary condition to meet the three main requirements of the modern market, namely: transparency of such activities, simplicity in the performance of operations, its components, speed (speed) of these operations. Neurotechnologies play an important role in this. Their use is indispensable for optimising route planning, taking into account forecasts of traffic flows and vehicle characteristics, ensuring driving safety by identifying and preventing dangerous situations, using unmanned vehicles, preventing transport breakdowns by predicting malfunctions, optimising the work of distribution centres by automated product accounting and loading speed, and robotising warehouses. However, the legal regulation of neurotechnologies in the transport industry has not been properly developed. The article considers the peculiarities of legal regulation of neurotechnologies in relation to highly automated vehicles. Separately the author dwells on the issues related to bringing to responsibility when using neural networks in the framework of transport and logistics activities.

    Keywords: neural network; neurotechnology; transport and logistics activity; vehicle; liability; transport; highly automated vehicle

    Valery V. Rudich, Irina A. Zhilko. The Role and Importance of Written Explanations in Civil Litigation (Part II)

    Abstract: In the article the authors consider the issue of formation of written form of statement of arguments and evidences from the point of view of practical application. As a basis the material of a real civil case from legal practice on contestation of a number of transactions for their invalidity (nullity) is used. The peculiarity of the construction of the written explanations offered by the authors consists in the fact that the considered in the article form of the explanations contains not only the logically built up picture, but also organically built in this logic proofs on which basis the reasonable conclusions are formed. The article notes that when considering a legal dispute in court, it is not only the evidence itself that matters, but also the way the party used to present and present the evidence. By attaching such written explanations to the materials of the case in question, the court will be able to study them in detail, which will certainly be important in making the final decision. In addition, the authors believe that the issue discussed in the article will be interesting both for practical application and in terms of additional theoret- ical knowledge on the issue of proof in civil proceedings.

    Keywords: plaintiff; statement of claim; defendant’s explanations; purchase agreement; state contract; agreed price; property complex; kindergarten; land lease agreement; restitution; state contract procurement procedure; sole supplier; valid arguments

    URBAN PLANNING, LAND, ENVIRONMENTAL LAW

    Olga V. Vagina, Ekaterina Yu. Gaevskaya, Oleg A. Gerasimov. Topical issues of the legal regime of zones with special conditions of use of territories related to conditions of use of territories associated with trunk and industrial pipelines

    Abstract. The process of reforming land relations in the sphere of establishing the legal regime of zones with special conditions of use of territories is currently underway in the Russian Federation. For industrial and trunk pipelines it is envisaged to establish two types of zones – protection zones and zones of minimum distances to these objects. The establishment of protection zones is aimed directly at the protection of the linear infrastructural object of the fuel and energy complex itself and indirectly on the ecological safety, protection of the environment, individual natural objects, and protection of life and health of citizens. The establishment of minimum distances to trunk or industrial pipelines is directly aimed at ensuring environmental safety, protection of the environment, individual natural objects, protection of life and health of citizens. Currently, there is a discussion related to the issue of the possibility of reducing or eliminating this type of zones with special conditions for use as zones of minimum distances to trunk or industrial pipelines. The authors conclude that the elimination of this type of zone with special conditions of use of territories is premature. However, the possibility to rank its length depending on the type and method of protection of industrial or trunk pipelines is reasonable and requires legislative elaboration.

    Keywords: zones with special conditions of use of territories; industrial and trunk pipelines; protection zones; minimum distances; zones of minimum distances

    Dmitry M. Dubovik. About some problems of control (supervisory) activities in the field of waste management of production and consumption

    Abstract. Тhis article discusses some issues related to the reform of control and supervisory activities carried out by the state, including in the field of waste management of production and consumption. In particular, the author pays attention to the problem of not reducing the administrative burden on business entities, including by replacing control measures with an administrative investigation carried out in accordance with the Administrative Code of the Russian Federation. Based on a comparative analysis of national and foreign legislation, the author formulates some conclusions and suggestions for improving the approaches to control (supervisory) activities in the field under consideration, including through the use of a criterion – achieving a specific environmental result.

    Keywords: control (supervisory) activities; production and consumption waste; administrative investigation; administrative reform; control (supervisory) measures; planned and unscheduled inspections

    INVITATION TO DISCUSSION

    Anatoliy V. Gaida, Vadim R. Dubichev. Topical issues of state ideology

    Abstract. The article studies topical issues of the state ideology of Russia. The authors formulate their own methodological approaches to the topic of state ideology. The authors argue on the reasonableness of the discussions concerning the new Constitution of the Russian Federation enshrining the state ideology of Russia.

    Keywords: state ideology; RF Constitution; social groups; political model

    Svetlana E. Nesmeyanova, Ekaterina G. Kalinina. ADDITIONAL PROFESSIONAL EDUCATION AS OVERCOMING THE DEFICIT OF PERSONNEL IN THE BUSINESS ENVIRONMENT

    Abstract. There is more and more talk about the personnel deficit in Russia where the level of unemployment is low. Public authorities consider the training of citizens under the programs of additional professional education (hereinafter – APE) as one of the leading tools contributing to personnel support. Although such training can positively influence the labor market, there is still an unsolved problem of low involvement of employers in the process of initiation and implementation of professional educational programs. The article considers federal national projects, certain regional programs popularizing vocational education and training in business environment. The article presents a critical analysis of the degree of employer participation in these projects, as the employer is not able to influence the level, quality and content of the implemented programs. As a result, the employer does not have sufficient guarantees that after training the employee will be employed and his/her skills and abilities will be recognized. Similarly, a retrained employee may not find a job. Different regional approaches to the implementation of programs for the mobility of labor resources have been identified. In particular, employers are given varying degrees of autonomy in choosing support measures, including the possibility to choose training for employees. On the results of the analysis, the authors made proposals to promote a constructive dialog between all the participants of the educational and labor process.

    Keywords: additional professional education; retraining; employment promotion; mobility of labor resources; innovation activity

    COMPARATIVE LAW

    Vyacheslav V. Piyarov. PROCEDURE FOR ORGANIZING A GENERAL MEETING OF SHAREHOLDERS UNDER THE LEGISLATION OF THE REPUBLIC OF TAJIKISTAN

    Abstract. The article considers the issue of the procedure for organizing a general meeting of shareholders in accordance with the current legislation of the Republic of Tajikistan. The peculiarities and terms of holding the general meeting of shareholders attributed to its different forms are analyzed. In addition, bodies authorized to carry out the procedure of organizing the general meeting of shareholders as well as key issuees to be discussed for its legitimacy and the legitimacy of its resolutions are determined. The issues to be resolved by the initiators of a general meeting of shareholders are: determining the form of the meeting, fixing the list of issues to be submitted for consideration at the meeting (agenda), setting the date for forming the list of persons entitled to participate in the meeting, proper and timely notification of shareholders regarding the meeting, as well as preparation of instruments to be used in the process of voting on the issues of the meeting (ballot). Proper resolution of the above issues in the process of organizing a general meeting of shareholders can provide a reliable basis for it and the legitimacy of the decisions made, as well as avoid lawsuits by shareholders to recognize the results of the meeting void.

    Keywords: shareholder; joint-stock company; management body; general meeting of shareholders; board of directors; individual executive body

    Nargis A. Shukurova. COMMERCIALIZATION OF HEALTH CARE IN THE REPUBLIC OF TAJIKISTAN IN THE CONTEXT OF BALANCING PRIVATE AND PUBLIC INTERESTS

    Abstract. The author analyzes the current situation in health care system of Tajikistan and describes the main problems associated with the commercialization of this sphere. The article analyzes the commercialization of health care system in Tajikistan with its effect on various aspects of the medical sphere including the accessibility of medical services to the population, the quality of medical services, financial stability of medical institutions, and motivation of the medical staff. The article also discusses the factors influencing the process of commercialization in Tajikistan including political, economic and social factors. In order to achieve a balance between private and public interests in Tajikistan’s health care sector, the author recommends to strengthen control over commercialization, to ensure accessibility of health care services for the population, to improve the quality of health care services, and to create favorable conditions for the health care sector in Tajikistan. Thus, the article explores an important problem in the health care sector of Tajikistan and emphasizes the need to take into account public interests when implementing commercialization.

    Keywords: commercialization; health care; Republic of Tajikistan; private and public interests; public health care; health care management measures

  • Business, Management and Law
    No. 2 (2023)

    PUBLIC LAW

    I. P. Okulich. Society as a constitutional category: Changes in the light of Constitutional reform

    Annotation: this article deals with topical issues of the content of the category “society” in constitutional law. In particular, the new characteristics of society laid down in the constitutional text by the 2020 reform are outlined. It is analyzed how the nature of constitutional regulation, the content of norms and legal structures change when it comes to regulating such a phenomenon as society. An attempt is made to answer the fundamental question of whether the current constitutional regulation is sufficient to talk about a holistic constitutional image of society. Taking into account the amendments made to the Constitution of Rus- sia, fixing the spiritual and moral foundations of society, the patterns of further development of constitutional and legal legisla- tion and the potential of constitutional and legal science in the process of agreeing on general and detailed regulation within the framework of the model of constitutional regulation of social relations are outlined.

    Keywords: society, public authority, personality, social system, Constitution, constitutional system, constitutional law and legislation

    I. V. Ponkin. Metaverses in health care: concept and legal perspective

    Annotation: The article deals with the nature, features and ontology of the metaverse (“cyber-meta-universe”). It is the field of health care that is positioned as the most attractive and promising for the development of artificial intelligence and relat- ed technologies, including metaverse technologies, which are closely related to some or other components of artificial intelli- gence technologies. The application of metaverse technologies in the field of health care already has many examples today, hav- ing a very high potential to ensure the innovative development of the designated area. The author explains the meaning, pros- pects and forms of application of metaverse technologies in the field of health care. The author shows and explains the possible and promising forms of application of cyber meta-universes technologies in the field of health care. Among them, the article out- lines forms that allow to improve the health care management system, ensure greater quality and safety of medical care provid- ed to the patient, create new solutions in the field of pharmaceutical provision, simulate situations preceding a medical injury or wounding, or complex clinical situations. The application of cyber-meta-inspired technologies in healthcare not only saves large financial and time costs and avoids many medical experiments on humans, but also provides results that are often impossible or very difficult to obtain in real-life situations. The article shows the legal issues of applying this kind of technology and some of the legal problems associated with it.

    Keywords: metaverse, digital twin model of a patient, digital twin modeling in healthcare, patient, medical law, pharmaceutical law

    Volkov Yu. V. Informational Legal Capability: Questions of Theory

    Аnnotation: Issues of information legal capacity and certain aspects of capacity in the information sphere are the subject of this article. The humanitarian concepts of information competence, designated in the primary sources as information legal capacity, are identified and analyzed. The analysis of the main concepts of information capacity and sectoral capacity in the information sphere has been carried out. The necessary grounds and essential signs of capacity for the formation of the concept of information capacity have been established and described. A broad and narrow concept of information legal capacity is formulated. In the process of research, methods of analysis and synthesis, dialectical and comparative methods were used. Fixed basic ideas about information legal capacity. As a result of the study, a distinction was made between the concepts of legal capacity and competence in the information sphere. Additional questions are raised about the structure of information legal capacity to continue research. The results obtained can be used for lawmaking, practical activities, scientific research and educational purposes. All concepts presented by the author can be the subject of discussion.

    Key words: digit, information, legal capacity, law, method, number, right

    Ergashev E. R., Bakirova D. S. Legal means of the prosecutor aimed at bringing the guilty person to disciplinary responsibility: metamorphoses of legal regulation, prosecutorial and judicial practice

    Аnnotation: the article is devoted to the study of the powers and legal means of the prosecutor, aimed at initiating the activities of objects and subjects supervised by the prosecutor’s office, related to bringing to disciplinary responsibility of persons guilty of violating the law. Based on the provisions of the current legislation, the prosecutor or his deputy, on the grounds established by law, has the right to apply specific acts of prosecutorial response to identified violations of the law and include in them a requirement to bring persons who violated the law to liability established by law. The current law on the Prosecutor’s Office of the Russian Federation does not contain a legal norm regulating the decision of the prosecutor to initiate disciplinary proceedings as a separate supervisory act of the prosecutor’s response. However, this act was widely and successfully used in the Soviet prosecutor’s office and is currently used in many countries of the near abroad. Based on the stated legal realities of prosecutorial practice, the authors believe it is necessary to amend the labor legislation of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation”. These changes relate to the provisions of art. 24 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” in terms of including requirements for bringing employees to disciplinary responsibility, as well as fixing in the law a separate legal norm governing the decision of the prosecutor to initiate disciplinary proceedings as an independent act of the prosecutor’s response. In addition, the authors give arguments about the need to change the provisions of Art. 22 and Article 192 of the Labor Code of the Russian Federation, which regulate the right of the employer to bring employees to disciplinary responsibility, as well as his obligations to bring to the specified type of responsibility the employees guilty of violating the law.

    Keywords: supervision over the implementation of laws, supervised objects and subjects, powers of the prosecutor, legal means of the prosecutor, demand of the prosecutor

    CIVIL LAW, BUSINESS LAW

    Belykh V.S. Digital Economy and Digital Business as Objects of Legal Regulation

    Annotation: the article discusses such concepts as the digital economy and digital business. The author of the article pays special attention to the real and financial sectors of the national economy, while demonstrating their close connection and interdependence. Against this background, the following conceptual series emerges: the financial system, the financial sector, the financial segment, financial institutions, financial services, financial instruments. It is noted that the digital economy is a sector of the national or international economy. The article analyzes such related concepts as e-business, digital business, entrepreneurial activity and concludes that e-business is a form of entrepreneurship. At the end of the article, the main directions of development of civil and entrepreneurial legislation in the field of digital economy are named.

    Keywords: digital economy, digital business, real sector of the economy, financial sector of the economy, e-business, digital business, entrepreneurship, e-commerce

    Varlamova A. N. Digitalization as a Mechanism for the Development of Competition on Sectoral Commodity Markets (by Example of Electricity Market)

    Abstract: The most important mechanism for the development of competition in the electricity market can be the digitalization of this area. Digitalization leads to the fact that new products, new types of economic activity appear on the market, new business models are implemented. All this ultimately leads to a change in the boundaries of commodity markets, a decrease in the share of large market players, and the need to use legal mechanisms to gain competitive advantages. This article is devoted to the legal problems of digitalization of the electric power industry, the mechanisms of digitalization and the problems arising in connection with digitalization.

    Key words: competition, sectoral commodity market, digitalization of the electric power industry, intelligent metering systems, smart grids, distributed generation (energy), demand management

    Grigoryeva О.А.  Abuse of consumer rights in housing construction (continuation of the article)

    Annotation: This article analyzes the Russian legislation on the protection of consumer rights, the modern practice of its application by the courts of general jurisdiction. On the basis of real court cases the author gives examples of imperfection of legislative regulation of legal relations in which the party is a citizen – homebuyer. Comparison of the rule of law on guarantees of the rights of participants of share participation construction under the Law on Equity Participation and the rights of buyers of ready-made housing, which is erected without attracting the funds of citizens to escrow accounts under the Law on Protection of Consumer Rights. Through the prism of the category of “abuse of rights” the definition of the concept of “consumer extremism (terrorism)” is given. The article assesses the degree of negative impact of consumer extremism (terrorism) on the activity of businessmen in the field of construction – real estate developers. The problem of legislative regulation and law enforcement in housing sphere is compared with similar situation in car insurance market. The positive dynamics of changes of legal regulation and judicial practice in application of law on motorists’ liability insurance is investigated. On the basis of the study of legal norms and judicial practice in cases of protection of consumer rights – buyers of residential real estate, special literature, business practice, the author formulates some conclusions and recommendations aimed at improving the legislation on consumer protection and practice of its application.

    Keywords: consumer, consumer rights, abuse of consumer rights, consumer extremism, consumer terrorism, shared construction, housing construction

    Panova A. S. Parallel imports, product quality and digitalization of the economy

    Abstract: The article deals with the concept, competitive effects and legal support of parallel imports. Statistical data are given on parallel imports in Russia in 2022, which indicate the active development of supplies from parallel importers to Russia. The problems connected with parallel import are analyzed. In particular, issues related to the consumer’s right to information about the product, the logistics of parallel imports to Russia, and product pricing. Particular attention is paid to the problem of the quality of imported goods. It is noted that at present there is a reduction in the number of accredited conformity assessment bodies in connection with the introduction of a simplified regime for checking imported goods. Proposals have been made aimed at ensuring the quality of such goods, protecting the interests of consumers, most of these proposals involve the use of digitalization tools. It is necessary to formulate the concept of “parallel import” in legislation. It is required to develop and ensure the functioning of digital document registries that accompany goods throughout their lifecycle, in order to prevent counterfeiting of such documents or unjustified use of original documents. The national legislation should provide detailed provisions on the regulatory status of independent suppliers. It is necessary to actively develop digital forms of verifying compliance with rights holders’ standards and other measures.

    Keywords: parallel import, product quality, digitalization, consumer protection, conformity assessment, quality standards, labeling, “parallel service

    Nikitina K.I. On pre-contractual legal means of protecting the rights of consumers in the provision of services for the carriage by rail

    Annotation: This article analyzes the pre-contractual legal means of protecting consumer rights in the provision of rail transportation services. The author comes to the conclusion that in the context of digitalization, the most significant pre-contractual legal means are a public offer, a personal data processing policy and a carrier’s marketing campaign. By legal nature, a public offer is a corporate act, which is developed by the carrier, has a standard form, is mandatory for an indefinite number of persons and contains the terms of any contract. The personal data processing policy can be considered as a corporate act, which is adopted in the prescribed manner by the carrier, contains legal norms, is mandatory for an indefinite circle of persons and is aimed at regulating public relations in the field of handling users’ personal data. A marketing campaign is a corporate act of a carrier and (or) a partner organization, adopted in the form of a public offer and stimulating demand for a transportation service and (or) an associated service in railway transport. At the end of the study, the following features of the analyzed pre-contractual legal means were revealed: a) contribute to the conclusion of a contract for the carriage of a passenger and (or) the provision of related services to the consumer in railway transport; b) provide information to the consumer about the amenities and services provided by the carrier and (or) third-party organizations in railway transport; c) form a certain class of customer service in railway transport.

    Keywords: pre-contractual remedies; public offer; personal data processing policy; marketing campaign; consumer protection

    Rudich V. Zhilko I. The Role and Importance of Written Explanations in Civil Litigation (Part I)

    Annotation: In the article the authors consider the issue of formation of written form of statement of arguments and evidences from the point of view of practical application. As a basis the material of a real civil case from legal practice on contestation of a number of transactions for their invalidity (nullity) is used. The peculiarity of the construction of the written explanations offered by the authors consists in the fact that the considered in the article form of the explanations contains not only the logically built up picture, but also organically built in this logic proofs on which basis the reasonable conclusions are formed. The article notes that when considering a legal dispute in court, it is not only the evidence itself that matters, but also the way the party used to present and present the evidence. By attaching such written explanations to the materials of the case in question, the court will be able to study them in detail, which will certainly be important in making the final decision. In addition, the authors believe that the issue discussed in the article will be interesting both for practical application and in terms of additional theoretical knowledge on the issue of proof in civil proceedings.

    Keywords: plaintiff, statement of claim, defendant’s explanations, purchase agreement, state contract, agreed price, property complex, kindergarten, land lease agreement, restitution, state contract procurement procedure, sole supplier, valid arguments

    URBAN PLANNING, LAND, ENVIRONMENTAL LAW

    Inna A. Ignatyeva The problem of entering information about the boundaries of forest - park green areas in the Unified State Register of Real Estate: solving by the court and by the legislator

    Annotation: The article investigates the problem of entering information about the boundaries of forest-park green areas in the Unified State Register of Real Estate. The rule is currently provided for by the legislation on environmental protection, but is not taken into account in the legislation on state registration of real estate. The purpose is to systematize the ways to solve the problem that were found in the consideration of litigation, and to substantiate the fallacy of the chosen approaches. Judicial decisions related to ensuring the implementation of the rule on entering such information into the Unified State Register of Real Estate are most often due to the assignment of forest-park green areas to zones with special conditions for the use of territories. But the list of such territories is set out in the Land Code of the Russian Federation as an exhaustive one. In some cases, the court applied the norms of forest law on forest-park zones and green zones. It is concluded that еhe forest-park green areas are an independent type of territories with a special legal regime. Changes to the legislation, which will come into force in September 2023, will finally solve the legal problem.

    Keywords: forest-park green area, Unified State Register of Real Estate, areas with special conditions for the use of territories, forest-park zones, green zones, specially protected natural areas

    INTERNATIONAL AND COMPARATIVE LAW

    Butakova N. A. The China-Pakistan Economic Corridor and the One Belt, One Road Initiative: Economic implications for the Middle East

    Annotation: This article analyzes the economic significance of the China-Pakistan Economic Corridor (CPEC) – which is a key component of China’s One Belt, One Road (BRI) initiative – for the Greater Middle East with a focus on Pakistan, Saudi Arabia, the United Arab Emirates (UAE), Qatar and Oman. At the same time, the article emphasizes, on the one hand, the existing economic cooperation between Pakistan and these countries and, on the other hand, emphasizes China’s growing interest in the Arab world in terms of trade. In this regard, the study includes the economic values of the Concept of Saudi Arabia for the period up to 2030, the National Concept of Qatar (2030) and the Concept of Oman (2040), which provides for interregional economic cooperation in terms of market connectivity.

    Keywords: China-Pakistan Economic Corridor – CPEC, “One Belt, One Road” (BRI), China, Greater Middle East, trans–regional trade, market relations

    Alekseenko A. P., Sun Qi Chinese Approach to Regulating Internet Search Engines

    Abstract: Activities in the field of Internet are the most important direction at the present time, as it can influence both national security and consumer behavior on the market of a particular product. China is one of the world leaders in the field of digitalization, and regulations on Internet are actively developing in this country, therefore, it is important to study the Chinese experience. The purpose of this work is to identify the approach of the PRC to the organization of business activities of companies providing search services in the Internet. Based on the comparative legal analysis, it was revealed that in China doesn’t have single law dedicated to information intermediary services in the Internet. China pays great attention to the issues of self-regulation, self-discipline and self-censorship. The key tool for self-regulation of information intermediaries in China is the Internet Self- Discipline Convention for Internet Search Engine Services, which provides for counteracting the dissemination of false information in the field of public security, business and personal data of citizens. It is concluded that China has a public-private supervision of the Internet. Based on the Chinese experience, it is proposed to develop a similar mechanism in Russia.

    Keywords: cyber security, Chinese law, Internet, personal data, self-regulation

  • Бизнес, менеджмент и право
    No. 1 (2023)

    PUBLIC LAW

    Sergey V. Belykh Constitutional principle of recognition and equal protection of private and other forms of property in the Russian Federation

    Abstract: The article discusses the issues of consolidation and implementation of the constitutional principle of recognition and equal protection of private and other forms of property in Russia, including the content of this principle. The concepts of “recognition” and “equal protection,” private property and other forms of property, property in a subjective and objective sense are distinguished and correlated. Judicial practice on this principle, key regulatory requirements of sectoral legislation governing relations in the field of recognition and equal protection of private and other forms of property are researched. Most modern constitutions distinguish between the forms of ownership and either establish their inequality (socialist states), or consolidate the principle of equality of forms of ownership, but provide for certain features of their legal regimes. At the same time, in some constitutions of foreign countries, only property is proclaimed, without differentiation of its types, or only the protection of property (the constitutions of Guinea 1990, Mauritania 1992, Madagascar 1992, Poland 1997, Switzerland 1999, Finland 1999). One of the most important trends in the modern constitutional development of the institution of property is the emergence of new principles in relation to private property. A small number of constitutions contain a provision on “sacred and inviolable” private property. The process of transition from the absolute to the limited nature of property rights is associated with the concept of the social function of property.

    Keywords: constitutional principle, property, recognition, protection of property, other forms of property, constitutional value, land and other natural resources, legal restrictions, constitutional right of property.

    Alexandra V. Elkina, Alexandr S. Kushnarev On the question of the independence of local Self-government bodies in the Russian Federation

    Abstract: Local government is defined as a form of democracy, an institution of civil society, an institution of public power, and an element of the political system that guarantees the protection of local interests along with the state and is directly related to the solution of local issues. The Constitution calls the independence of local self-government one of the foundations of the constitutional system, so articles 12, 132 of the Constitution of the Russian Federation guarantee that local authorities within their powers are independent and not included in the system of state authorities, and are also formed by the population and have extensive powers. In this work, the essence of local self-government is considered from the point of view of doctrinal sources of science of constitutional and municipal law. The definition of the concept of “independence” of local self-government is given, its characteristic features are investigated. Further, the work conducts a comparative analysis of the existing position of local self- government bodies with essential signs of the “independence” of local self-government. At the end of the work, the author’s opinion was formulated based on the study conducted in the work.

    Keywords: local government; autonomy of local government; public authority; financial autonomy.

    Georgy G. Pilikin The impact of the tax system on the formation of the economic power of modern Russia

    Abstract: The paper is aimed at considering the interaction of the financial (tax) system and the economy, bearing in mind the steady increase of Russia’s socio-economic development based on the improvement of the current legislation. An important role in the transition to the path of effective growth of economic and other powers of the state belongs to the legal support of a perfect and modern financial system. The improvement of the legal regulation of financial relations should be carried out taking into account the achievements of legal science, domestic and foreign practices, with a view to the activities of financial and tax authorities, business structures, including small and medium-sized businesses, as well as judicial and arbitration practice. The basis for improving the legal support of the financial (including tax) system of Russia will be the systematization of financial legislation, which is an important stage in acquiring scientific knowledge of legal and other realities. The financial legislation of Russia should be constructed on the basis of a pandect system, by subdividing the norms of financial law into General and Special parts, which will ensure their convergence with the norms and institutions of other branches of Russian law and the proper level of law enforcement. At the same time, the creation of an effective financial system and its legal support should have an evolutionary character.

    Keywords: impact, tax system, institution of interpretation, systematization of financial legislation.

    CIVIL LAW, BUSINESS LAW

    Oleg A. Gerasimov Intersectoral relations of the norms of business law regulating relations in the field of agriculture

    Abstract: the article considers inter-branch relations of business law norms, regulating relations in the sphere of agriculture in the aspect of examining the issues about the efficiency of the legislation regulating entrepreneurial activity in agriculture. The leading direction of improving the effectiveness of legal regulation must be, first of all, ensuring of correspondence between the objectives of legal regulation, which are fixed in legal acts, and the objectives that are worked out by economic science. In their basis, the relevant objectives imply the provision of constant economic growth and competitiveness of agricultural production in the world markets.

    Keywords: real sector of the economy, entrepreneurial activity in agriculture, consumer cooperation, effectiveness of legal regulation, legal means.

    Natalya V. Rubtsova Trends in the development of models of the mechanism  of legal regulation of entrepreneurial activity

    Abstract: The features of the mechanism of legal regulation of entrepreneurial activity in modern economic conditions are analyzed. Taking into account the dynamic component of the mechanism of legal regulation, which shows the features of law in action, it is proposed to use the term “model of the mechanism of legal regulation”. It is proved that the modern mechanism, along with the traditional models of normative and autonomous regulation, also includes a mixed model of the mechanism of legal regulation, which takes into account both public and private interests. The emergence of a mixed model is due to a new round of socio-economic development, taking into account the social value of entrepreneurship, as well as the special role of the state, ensuring the freedom of entrepreneurial activity.

    Keywords: mechanism of legal regulation, mechanism model, entrepreneurial activity, self-regulation, co-regulation.

    Maria A. Slavich The legal nature of the transformation of the claim of a participant in shared-equity construction in the case of insolvency (bankruptcy) of the developer

    Abstract: The term “transformation” is widely used in judicial practice. However, there is no legal definition of this concept. Despite the fact that the use of the category “transformation” in law enforcement practice began relatively recently, the approach of the courts to the content and legal nature of this phenomenon has undergone significant changes over the past period. Similarly, their legal position has also changed regarding the admissibility of transforming the requirement of a participant in shared construction in an insolvency (bankruptcy) case of the organization-developer from property to monetary and vice versa (transformation of a monetary requirement of a construction participant into a requirement for the transfer of residential premises). Based on the results of analysis of judicial practice, sighs of such a legal phenomenon as the transformation of requirement of a participant in shared construction in the case of insolvency (bankruptcy) of the organization-developer are revealed. Definition of the transformation of the creditor’s requirement in the case of insolvency (bankruptcy) (as a general concept) and the transformation of the requirement of the participant in shared construction in the case of insolvency (bankruptcy) of the organization-developer are formulated. A comparative legal analysis is carried out between the transformation of the claim of a construction participant in the insolvency (bankruptcy) case of the organization-developer and the change in the method and procedure for the execution of a judicial act.

    Keywords: bankruptcy, organization-developer, participant in shared construction, transformation of the claim.

    Olga A. Grigoryeva Abuse of consumer rights in housing construction

    Abstract: This article analyzes the Russian legislation on the protection of consumer rights, and the modern practice of its application by the courts of general jurisdiction. On the basis of real court cases the author gives examples of imperfection of legislative regulation of legal relations in which the party is a citizen – homebuyer. Comparison of the rule of law on guarantees of the rights of participants of share participation construction under the Law on Equity Participation and the rights of buyers of ready-made housing, which is erected without attracting the funds of citizens to escrow accounts under the Law on Protection of Consumer Rights. Through the prism of the category of “abuse of rights” the definition of the concept of “consumer extremism (terrorism)” is given. The article assesses the degree of negative impact of consumer extremism (terrorism) on the activity of businessmen in the field of construction – real estate developers. The problem of legislative regulation and law enforcement in housing sphere is compared with similar situation in car insurance market. The positive dynamics of changes of legal regulation and judicial practice in application of law on motorists’ liability insurance is investigated. On the basis of the study of legal norms and judicial practice in cases of protection of consumer rights – buyers of residential real estate, special literature, business practice, the author formulates some conclusions and recommendations aimed at improving the legislation on consumer protection and practice of its application.

    Keywords: consumer, consumer rights, abuse of consumer rights, consumer extremism, consumer terrorism, shared construction, housing construction. 

    URBAN PLANNING, LAND, ENVIRONMENTAL LAW

    Olga V. Vagina Legal regime of agricultural lands: problems and prospects of legal regulation

    Abstract: The article discusses the features of the legal regime of land plots that belong to the category of agricultural land with the type of permitted use – agricultural land. Based on the analysis of current legislation, scientific literature and judicial practice, gaps in legal regulation related to these objects are identified, which are subject to special protection as components of the environment with a unique property – fertility, while they are not subject to urban planning regulations, which makes it impossible to change their status without resorting to a time-consuming procedure that it can entail financial and time costs, transfer from one category to another (for example, it is impossible to change the legal regime of arable land, which in fact is not such, to the “pasture” mode for use for grazing pets), which is devoid of any logical meaning, since changing the regime from arable land to pasture

    Keywords: legal regime of land plots, agricultural land, efficient use of land plots, agricultural land.

    Ekaterina Yu. Gayevskaya Environmental funds as an economic tool for ensuring the implementation of environmental safety requirements

    Abstract: The article deals with the main modern financial mechanisms of environmental security in the Russian Federation. The author pays special attention to the problems of formation in Russia of the institute of environmental funds as an alternative source of environmental financing. The author considers changes of the ecological legislation, coming into legal force since September, 1, 2023, concerning “green” coloring of the money means received in the budget from ecological payments, and fixation of a principle of their strictly target designation. Considering the role of environmental funds in ensuring compliance with environmental legislation, the author of the article notes its dual role in the system of public environmental relations: on the one hand, it is a financial instrument, on the other hand, it is a subject – a full-fledged participant of environmental relations. Separate attention in the scientific article is paid to the varieties of environmental funds: liquidation (reserve), compensation. Analyzing the changes in environmental legislation in the sphere in question, the author comes to the conclusion about the necessity of introducing the institute of administrative responsibility as an enforcement measure for the subjects of the real sector of economy to comply with the obligation of formation of reserve funds. Summarizing the above, the author notes the financial instruments aimed at ensuring the requirements of environmental safety, minimizing the financial burden on the budgetary system.

    Keywords: environmental security, environmental fund, liquidation fund, compensation fund, “green” financing.

    Ekaterina A. Belokrylova On some features of the legal support of environmental safety of certain nature-like (convergent) technologies in the Russian Federation and foreign countries

    Abstract: This article discusses the features of the transformation of priority areas of development of science and technology and critical technologies in the Russian Federation into the system of NBICS technologies. The terminological essence of the concept of “convergence of sciences and technologies” is highlighted as the interpenetration of sciences and technologies by integrating their methods and approaches, which makes it possible to obtain results that are fundamentally unattainable within the frame- work of each of the convergent sciences and/or technologies separately. The validity of expanding the list of NBIC technologies by adding social technologies (NBIC+S) to it is revealed. The particular importance of combinations of converged technologies “nano-bio”, “nano-info”, “nano-cogno” is emphasized, which can potentially lead to acute socio-ecological and economic consequences. Particularly important is the importance of nanotechnologies in the NBICS system, which allow targeted manipulations at the atomic and molecular levels. An analysis is made of the current Russian legislation in the field of NBICS technologies, as well as in the field of risk assessment and security of nanotechnologies and their products. The issues of international and foreign legislation in the field of ensuring environmental safety in the production and application of nanotechnologies and their products are considered. Risks are identified that are expressed in possible biological effects when nanomaterials and their products enter the environment and entail negative consequences for human health. An analysis is made of the current Russian legislation in the field of ensuring environmental safety in the production and application of nanotechnologies and their products. The main problems are singled out and ways of improving the current legislation in the considered sphere of public relations are proposed.

    Keywords: public law sciences, environmental law, legal support of environmental safety, NBICS technologies, nature-like/convergent technologies, nano-, bio-, information and cognitive technologies.

    INTERNATIONAL AND COMPARATIVE LAW

    Lev A. Lazutin International criminal law:interpretation and application in modern conditions

    Annotation: In the scientific article the author considers the actual problem of bringing individuals to legal responsibility for international crimes. It is noted that in modern conditions, in connection with gross violations of international humanitarian law by the Armed Forces of Ukraine during the Special Military Operation by the Russian Federation, in conditions of sharp military confrontation of the member states of NATO with the Russian Federation, attracting scientific attention to the considered sphere seems particularly necessary. In the opinion of the author of the scientific article the modern system of international criminal law consists in the fact that it unites the norms related not only to criminal law, but also to criminal procedural law, as well as to judicial proceedings. In this regard, International Criminal Law should be interpreted as a component in the administration of justice, where it is necessary to take into account the positive experience of both international tribunals and the International Criminal Court. In doing so, the role and place of national judiciaries in International Criminal Law, and issues of State sovereignty in the fight against crime, must be understood.

    Keywords: international criminal law, internal court system, branch of law, fight against crimes, international crimes, conventional crimes, sources of international criminal law.

    Vladimir S. Belykh Corporate law in England: some issues of theory and practice

    Abstract: The article gives a brief analysis of the concept of “company” from the point of view of English legislation. The main act of England is the Companies Act 2006, in addition to which the status of companies is also determined by other laws and statutory instruments. Attention is drawn to the fact that English companies are of two types: public and private. A company may be established by a single person (corporation sole), in particular the King (Queen), archbishop, bishop, public trustee, minister of post, or two or more persons for a legitimate purpose with limited or unlimited liability. The article deals with the statutory documents of companies (memorandum of association, articles of association) and some types of decisions or agreements of the company’s participants. Further, the author answers a number of controversial issues arising in the practice of applying English corporate law.

    Keywords: corporate law of England, sources of corporate law, the concept and types of companies, statutory documents, memorandum of association, company charter, legal capacity of the company, representation, power of attorney, agency agreement, company registration.

    Cai Jianhong On the non-expansionary role of the digital yuan

    Abstract: After more than three years of pilot testing, e-CNY has achieved initial results. This paper studies the monetary nature, implementation purpose, scope of application of e-CNY, and makes a brief comparison of other central bank digital currencies. Based on the use of synthesis and analysis methods, the article examines the impact of the digital yuan on the international financial model. The author argues: (1) e-CNY is mainly aimed at promoting the development of domestic payment system and ensuring the security of China’s financial sovereignty; (2) in the future competition, e-CNY has no absolute first mover advantage; (3) e-CNY will not play a decisive role in CNY’s internationalization process. These three points determine the non-expansionary characteristics of e-CNY and emphasizes its impleentation into the financial system of the PRC as a tool to ensure the security of China’s financial sovereignty. The e-CNY, unlike cryptocurrencies, does not affect the monetary sovereignty of other countries and the control of foreign central banks over the money supply.

    Keywords: e-CNY, non-expansionary, digital currency, Chinese Law, Banking Law, currency.

  • Business, Management and Law
    No. 4 (2022)

    CIVIL LAW, BUSINESS LAW, FAMILY LAW

    1. Svetlana A. Karelina. The Signs of Group of Companies in the Legislation on Insolvency (Bankruptcy): Problems of Legal Regulation.

    Abstract: Currently there is no legal definition of the concept of “bankruptcy of a group of companies” in the current Russian legislation on bankruptcy. Nevertheless, in considering bankruptcy cases the courts not only use this term or related concepts that denote the economic relatedness of several companies among themselves, but also highlight the features of such a group. This article focuses on the analysis of these features, namely: association of legal entities and (or) individual entrepreneurs; association that is not a legal entity; association on the basis of relations of influence and control; with application of a certain system of permissions, prohibitions and restrictions in case of recognition of association as a single consolidated subject of law; presence of common economic interest and coordinated purpose.

    Keywords: group of persons; group of companies; group bankruptcy; group discipline; control; single economic interest; intragroup complexity; profit center; loss center

    2. Vladimir S. Belykh. Institute of Insolvency (Bankruptcy): Disputable Questions of Theory and Practice.

    Abstract: This article considers some problems that currently arise in law enforcement practice of courts considering bankruptcy cases. In particular, the author focuses on such issues as the need to attract the guarantor to participation in bankruptcy cases when the court considers the claims of creditors on obligations secured by the guarantee, as well as the possibility of including the claims of its member (shareholder), based on the loan agreement, in the register of creditors of a business company. Based on the analysis of court practice on bankruptcy cases and special literature the author formulates some conclusions and recommendations aimed at improving the legislation on insolvency (bankruptcy) and practice of its application.

    Keywords: insolvency (bankruptcy); controversial issues; including in the register of creditors’ claims; involvement of the debtor’s guarantor in the case; limitations of requirements for inclusion in the register of creditors’ claims; inadmissibility of competition of requirements for inclusion in the register of creditors’ claims; cases of abuse of law

    3. Viktor A. Zaporoshchenko. On Certain Issues of Pledged Property Disposition in Bankruptcy Cases.

    Abstract: The article deals with some aspects of the pledged property disposition in bankruptcy proceedings. The author analyzes the individual powers of the pledge lender, the consequences of the sale of pledged property at auction in bankruptcy proceedings. Particular attention is paid to issues arising from the simultaneous provision of a share in the authorized capital of a debtor company and property belonging to such a company, including the recognition of transactions on the provision of the company’s property as collateral invalid, the issues of possible infringement of the rights of the buyer of a share in the authorized capital of a subsidiary in the framework of the bankruptcy procedure of the main company. According to the results of the analysis, the author presents his vision of resolving the specified problems. Conclusions are formulated taking into account the approaches developed by bankruptcy court practice.

    Keywords: bankruptcy; pledge; the subject of pledge; termination of pledge; pledge of a share in the authorized capital; collateral lender; powers of the collateral creditor; consequences of the sale of pledged property in the framework of a bankruptcy case

    4. Vladimir Yr. Kalugin. Correlation of Grounds for Challenging Transactions and Challenging Actions to Execute Transactions.

    Abstract: Statistics show that currently one of the most frequently used methods of filling the bankruptcy estate is the application of creditors or a bankruptcy trustee to the court to invalidate the debtor’s transactions. Nevertheless, the use of this method of rights protection raises a number of questions – for example, whether it is necessary to qualify the act of execution of a transaction as a transaction and to recognize it as invalid in order to apply restitution. The described circumstances predetermined the theme and relevance of the present study. The article is devoted to the issues of bankruptcy challenge in bankruptcy cases, the correlation of the concepts of «transaction» and «actions on the execution of the transaction», different grounds for challenging transactions. Within the framework of this article, the author pays special attention to the possibility and necessity of invalidation on a par with transactions also actions on their execution.

    Keywords: bankruptcy; bankruptcy estate; competitive dispute; transactions; contract; actions to execute transactions; grounds for challenging transactions

    5. Maria A. Bazhina, Tatiana M. Zvezdina. Peculiarities of Determining the Debtor’s Controlling Persons in Bankruptcy Case of Homeowners Association.

    Abstract: In their article, the authors, based on the analysis of legal norms and law enforcement practice of the courts, consider the specifics of recognition of persons who control the debtor – Homeowners Association in order to bring such persons to subsidiary liability in case of bankruptcy of the latter. Attracting subsidiary debtors is one of the few ways to obtain additional assets that make it possible to make up for a deficiency of Homeowners Association assets in bankruptcy proceedings.

    Keywords: : bankruptcy; Homeowners Association; debtor’s controlling persons; apartment building; utility payments; debtor; liability.

    6. Maria A. Slavich. Replacement of Developer: Risks for Investor.

    Abstract: Currently, the legislation of the Russian Federation on bankruptcy provides that one of the ways to meet the requirements of construction participants in bankruptcy cases of developers can be the implementation of such a legal mechanism as the transfer of the obligations of a bankrupt developer to another developer. At the same time, the need to ensure a balance of the rights and obligations of all participants in the bankruptcy case equally applies to such a developer – acquirer, which justifies the need for a clear definition of the scope of obligations that the new developer agrees to fulfill. This article analyzes the provisions of the current legislation that carry financial risks for private investors in case they assume the rights and obligations of a bankrupt developer. Based on the results of the study, recommendations are given on what circumstances should be taken into account by investors when calculating the financial burden of completing the construction of an unfinished construction facility and fulfilling obligations to participants in shared construction. Proposals are formulated to improve the current legislation.

    Keywords: bankruptcy; developer; transfer of rights and obligations to a new developer; the scope of obligations of the developer; the Fund for the Protection of the Rights of Citizens participating in shared construction; the object of unfinished construction; collateral lender.

    7. Ludmila A. Kononova. Legal Nature of Self-regulatory Organization of Arbitration Managers.

    Abstract: Now, the model of compulsory self-regulation is introduced in relation to the activities of court-appointed trustees. The complex nature of self-regulatory organization of arbitration managers as an institution of public relations, as well as the specifics of institutionalization in Russia have predetermined the presence of diametrically opposed points of view related to the issues of giving its authority, delegation of state functions. Self-regulatory organization, being in close relationship with arbitration administrators, carries out «admission» of these persons to the profession, regulates and controls their further activities, ensuring the level of professional training and competence, compliance with the legislation of the Russian Federation, rules of professional activity, protects the rights and legitimate interests of its members, provides information transparency, reducing the degree of state intervention in civil legal relations. Requirement of compulsory membership of court-appointed trustees in one of the self-regulatory organizations with the possibility of maintaining the alternative – to replace compulsory membership with voluntary membership – is still a debatable issue in the legal literature.

    Key words: Insolvency (bankruptcy); arbitration manager; self-regulation; self-regulatory organization of arbitration managers

  • Business, Management and Law
    No. 3 (2022)

    CIVIL LAW, BUSINESS LAW, FAMILY LAW

    1. Vladimir S. Belykh. National Economic Security of Russia: Internal and External Threats

    Abstract: In the article the author argues about the complex nature of threats to the economic security of our country. The author gives his vision of threats, dividing them into internal and external.

    So, internal threats can be such as deformation of the Russian economy structure, where the main direction is the fuel and energy complex, while the industrial sector lags behind, a high degree of physical and moral wear of the basic production assets of the Russian enterprises, increasing property differentiation of the population and increasing poverty, corruption.

    External threats, according to the author, include the global coronavirus pandemic, the consequences of which affected both Russia and the largest economies of the world, the economic sanctions adopted against Russia by a number of countries, the consequence of which was the collapse of oil and gas prices.

    In conclusion, the author discusses a new brand – digital economy, the share of which in the GDP of a number of developed countries reaches up to 12%, while remaining below 1% in Russia. Meanwhile, according to the author, one of the tasks of the state is not to lose its sovereignty in the era of digitalization.

    Keywords: national security, economic structure, basic production assets, corruption, sanctions, pandemic

    2. Mikhail N. Semyakin. Modern Legal Policy of Russia in the Field of Rights Protection of in Economic Sanctions Conditions

    Abstract: The article considers the legal policy in the sphere of ensuring the rights of business entities as a part of the RF legal policy in the context of economic sanctions. The author presents a number of «target» anti-sanctions measures adopted by the Russian Federation, in particular, the ban on various kinds of control and supervisory actions, the application of a number of administrative sanctions to business entities, temporary exemption of citizens from tax on income received in the form of interest on deposits in bank accounts, the establishment of a six-month moratorium on bankruptcy, and others. The author gives a general characteristic of entrepreneurial and legal policy and considers its separate directions.

    The author considers such anti-sanction measure as the external management of enterprises of foreign companies that unscrupulously terminated their activities in Russia, and which are important for the economy of the Russian Federation. Attention is paid to «the parallel import» of goods in the Russian Federation. The author analyzed the preexisting (before the imposition of economic sanctions) legal regime of «the parallel import» in the Russian Federation and the countries of the Eurasian Economic Union. The author concludes the article by noting the need for Russia and the Eurasian space countries to combine their efforts on regional integration of legislation and economic development.

    Keywords: entrepreneurship, politics, law, foreign administration, parallel imports, Eurasian Economic Union

    3. Igor V. Ponkin, Mikhail V. Degtyarev. The Law of the Present and the Future: the Concept, Functionality and Potential of a Smart-Contract

    Abstract: In connection with the adoption of the RF Federal Act No. 258-FZ of July 31, 2020 “On Experimental Legal Regimes in the Field of Digital Innovation in the Russian Federation” and Federal Act No. 247-FZ of July 31, 2020 “On Mandatory Requirements in the Russian Federation” (Art.13 “Experimental Legal Regime”), the topic of experimental legislation was updated. At the same time, experimental regulatory projects in the field of launching and using smart contracts are becoming increasingly important. This article is devoted to the study and explanation of the concept, nature, functionality, potential and ontology of smart-contracts. The authors give an overview of a number of reference Russian acts. The article indicates the species diversity of smart-contracts on the grounds of nature and functionality. The article explains the general concept and nature of a smart-contract as a civil-legal contract, as well as the general concept and nature of a smart-contract as an ontological instrument of the digital currency environment. The article outlines the essential features of a legal smart-contract, ontologically existing in an automated and code-based (digitized) legal reality. The authors note some of the existing problems of enabling smart-contracts and ensuring their security. The empirical basis of the study was the legislation and official documents (including strategic planning documents) of Germany, Spain, Italy, China, the Netherlands, Portugal, Russia, USA, Finland, France, Switzerland, South Korea, and Japan.

    Keywords: smart contract, regulatory technologies, digital technologies, concept of Better Rules, experimental legislation, innovative public-legal regimes

    4. Tatiana M. Zvezdina. Digital Platform as a Business Model: Civil and Legal Aspects of Activity

    Abstract: Incorporating the analysis of legal norms and scientific discussion the author argues about one of the areas of the digital economy - online consumption (online marketplace), which most often occurs through specialized electronic platforms. The author describes the economic, technical and legal specifics of business activities implemented on digital platforms. The author analyzes the place of digital platforms in the structure of existing industries and concludes that this way of doing business is not universal. The author emphasizes the problems of civil law regulation of tripartite relations arising between platform operators (owners of aggregators), entrepreneurs and consumers of goods (services) implemented in the process of electronic commerce, and analyzes scientific points of view on the legal qualification of contracts concluded on digital platforms. The article touches upon the legal status of the platform operator (owner of the aggregator) and their liability for the breach of contractual obligations by a party of e-commerce transactions, as well as for causing harm to consumers. Positive experience of legal regulation of the said area in China is discussed, conclusions are drawn about the need to improve the domestic legal regulation of digital technological online platforms.

    Keywords: digital economy, digital platform, platform operator, aggregator owner, e-commerce, consumer protection

    ENERGY SECURITY

    5. Aleksandr M. Shafir. Common Energy Fond of the Russian Federation as the base of Country’s Energy Security

    Abstract: The most important economic and legal tool for solving the tasks set by the Energy Security Doctrine approved by Presidential Decree No. 216 of May 13, 2019, could be the creation of the Unified Energy Fund of the Russian Federation (UEF RF) in the Russian Federation.

    The concept of formation of the Unified Energy Fund as a property economic and legal entity was for the first time generally formulated in the 90s of the last century in relation to the established in the USSR system of fuel and energy complex management (hereinafter – FEC) of the country and the fuel and energy balances (FEB) developed in the USSR.

    Despite the fact that the current legislation considers FEB mainly as documents of recommendatory nature, objective factors, based on which the above conclusions were made, existed and continue to exist, because they are based on the basic technical, technological and economic characteristics of the production processes and consumption of energy resources.

    The objective specifics of the fuel and energy complex are found in the fuel and energy balances drawn up in the industry, which can be characterized as an economic and legal form of organization and regulation of the technical and technological process of transition of energy resources as a material form into energy as a work. Fuel and energy balances, in turn, are the basis for the formation of energy funds of various economic entities.

    In the Russian Federation there is a tendency for the formation of the Unified Energy Fund of the Russian Federation and similar energy funds of other subjects as an organizational and economic structure, functioning in the form of fuel and energy balances, drawn up and approved at various object and subject levels.

    Energy funds at the current stage of legislative development are a legal institute, which is in its stage of formation. It mediates economic relations arising from the preparation, adoption and execution of fuel and energy balances of production, distribution and consumption of energy resources at various subject levels (all-Russian, regional, business). Fuel and energy balances are economic and legal form energy funds existence.

    Close current intertwining of public-law (non-market) and private-law (market) relations in the energy sector (due to both the specifics of production – transfer – consumption – management of energy resources and the specifics of technical and economic relations mediated by them objectively) requires a legal mechanism for harmonizing these diverse relations, which ideally could be energy law as a branch, an important part of which should incorporate the rules of energy security.

    Deep attributes of energy law as a complex branch are organic intertwining of equality relations with relations of power and subordination.

    The argument justifying the concept of the existence of energy law as an independent branch of law is the idea of energy funds, especially the Unified Energy Fund of the Russian Federation as the basis for the formation and functioning of energy law.

    Keywords: energy security doctrine, Unified Energy Fund of the Russian Federation (UEF RF), fuel and energy balances, energy law, synergy effect

    HISTORICAL REVIEW

    6. Anna V. Kalinina, Anastasia S. Svetlakova. To the Question of the Formation of the Teaching Staff of the Faculty of Law of Irkutsk State University (1918 – the end of the 1920s)

    Abstract: Based on the analysis of a wide range of sources and the study of archival documents, the article covers the first years of the Irkutsk State University (ISU) Faculty of Law. Opened in 1918 the Faculty of Law of the Irkutsk State University was a structure from which after numerous transformations the Siberian Institute of Soviet Law (later – Sverdlovsk Law Institute, Sverdlovsk Law Institute, Ural State Law Academy, Ural State Law University named after V. F. Yakovlev) was separated.

    The author shows the problems of providing the Faculty of Law with teaching staff, financial and other problems that affected the Faculty in different periods of its formation. The great role of the Rectors of the Moscow State University such as M. M. Rubinstein and N. D. Bushmakin in the development of the Faculty of Law is noted.

    The work contains the description of the biographies of the first professors of the Faculty of Law of ISU. They are V. P Domandzho – the first Dean of the Faculty of Law, M.M. Agarkov – the Head of the Commercial law department, G. Yu. Manns – the Dean of the Faculty of law and Local Economy, S. S. Pokrovsky – an ordinary Professor of the History and Roman law Department, acting as an ordinary Prifessor of the History of Russian Law Department. Due to them, we managed to raise the faculty to a high level of legal education in a short period.

    Keywords: Irkutsk State University, Ural State Law University named after V. F. Yakovlev, legal education, legal science, teaching staff, V. P. Domandzho, M. M. Agarkov, S. P. Pokrovsky, G. Yu. Manns

  • Business, Management and Law
    No. 2 (2022)

    CIVIL LAW, BUSINESS LAW, FAMILY LAW

    1. Ponkin Igor V. Digital Patient Twin Models: Concept and Legal Aspects

    Abstract: The article is devoted to the description of digital twin-modeling technology in the field of medical activities. Today, the technology is used in the field of health care organization, medical treatment, diagnosis of diseases, development of new drugs and devices for medicine.

    Twin-modeling makes it possible to digitally simulate a process in its complex dynamics, for example, to see how a particular event affects the human body or a particular system or organ. The technology of twin-modeling is particularly largely used in clinical research, namely in drug trials on «virtual» patients, rather than on living people. This makes it possible to significantly reduce the time for the development of new drugs.

    Despite the perspective of the technology, it is not widespread enough in healthcare due to the lack of interdisciplinary skills (engineering, machine learning, medicine, etc.) and the need for large financial investments. The author also points out that there is very little legal regulation of such technology. At present, there are only a few national standards, in one way or another, related to the technology of digital twin-modeling. However, several fundamental issues mentioned in the article remain unresolved.

    Keywords: digital twin model of a patient, digital twin modeling in healthcare, patient, medical law, pharmaceutical law 

     

    2. Sarsembaev Marat A. Problematic Legal Issues of Digital Transformation of Plants and Industry of Railway Engineering in Kazakhstan

    Abstract: The article analyzes the prospects of digitalization of railway engineering in the Republic of Kazakhstan, which, however, the author envisages only after the improvement of industry equipment and resources to the requirements of Industry 4.0. The author describes the achieved results of digitalization as well as the prospects for the development on the example of specific industries. JSC “Locomotive Kurastyru zauyty” (“Locomotive Assembly Plant”), operating with the assistance of enterprises from the United States and Russia, uses automated manufacturing, which has already allowed to produce more than 300 locomotives brand “Evolution” for a ten-year period, that are used not only in the domestic market of Kazakhstan, but also abroad. The plant LLP “Electric Locomotive Kurastyru zauyty” (“Electric Locomotive Assembly Plant”), which has the status of a joint Kazakh-French-Russian enterprise, installs a computerized control and diagnostic system and automatic train driving systems on its electric locomotives. The receipt of the IRIS quality certificate contributes to active export of the plant’s products. LLP “Aktobe railroad plant” uses modern equipment from Germany, the control of work is carried out by Italian specialists. Currently, the plant is actively forming an IT-department, which demonstrates the desire to introduce information technology in production. In his conclusion the author concludes by points out possible directions of developing the digital technologies in mechanical engineering, as well as the desired changes in the legal regulation.

    Keywords: mechanical engineering, transport engineering, railway engineering, digitalization 

     

    3. Zvezdina Tatiana M., Guseinov Ramil G. Organizational-Legal Forms of Commercial Organizations: Problems and Prospects for the Development of Legal Regulation

    Abstract: Based on the analysis of data on state registration of legal entities the article examines the currently existing organizational-legal forms of commercial organizations in terms of their relevance and ability to meet the challenges facing the business. In addition, the article examines the organizational and legal forms for doing business in selected European countries and China, the number of which is noticeably less than in the Russian legal order. The authors point out the shortcomings in the legal regulation of individual organizational-legal forms of domestic commercial organizations, due to which they are not used for business activities and draw conclusions about the need to optimize the existing variety of organizational-legal forms of commercial organizations in accordance with the needs of the economy. The authors also give a separate view on the need to exclude production cooperatives and business partnerships from the list of organizational-legal forms of commercial organizations. According to the authors, significant shortcomings both in legal regulation and in the approach to the system of organizational-legal forms of legal entities appeared due to the influence of foreign experience without taking into account the specifics of the national legal system, as well as the lack of channels of interaction between the legislator and business.

    Keywords: commercial organization, corporation, organizational-legal form, legal entity 

     

    CIVIL PROCEDURE, COMMERCIAL (ARBITRAZH) PROCEDURE

    4. Shevchenko Galina N., Moiseitsev Vladislav V. Alternative Dispute Resolution Methods in E-commerce

    Abstract: In this paper, the author analyzes alternative dispute resolution methods in the field of e-commerce, and examines the features of dispute resolution processes when using these methods, as well as the factors that influence them. In particular, the author considers such non-jurisdictional methods as negotiations and contacting the support service and analyses the influence of the reputation institute and the phenomenon of scoring systems on these methods as well as their relationship with the business interests of e-commerce platforms. The author describes the online dispute resolution method as a jurisdictional method of dispute settlement and its positive impact on the transformation of the judicial system. Having found a complete lack of legal regulation in this area, the author author concludes that it is necessary to develop Russian legislation in the field of alternative methods of dispute resolution in e-commerce, borrow foreign experience, and provide buyers with greater transparency regarding the contracts they make on e-commerce sites.

    Keywords: alternative dispute resolution methods, e-commerce, pre-trial dispute resolution procedure, claim, negotiations, online dispute resolution, ODR

     

    ADMINISTRATIVE LAW

    5. Anikeenko Yulia B., Novoselova Natalia V. Legal status of the Victim in Proceedings on Cases of Administrative Offenses: Legislative Trends

    Abstract: On the basis of the current legislation, draft Procedural Code on Administrative Offences (CAO) of the RF, judicial practice and modern scientific points of view, the authors reflect on the legal position of a victim in proceedings on cases of administrative offences. Thus, the authors discovered that the Procedural Code on Administrative Offences had borrowed the concept of a victim from the Criminal Procedure Code of the RSFSR, that did not take into account the possibility that a legal person could be a victim, as well as the infliction of property and reputational damage on a legal person. The shortcoming is not eliminated in the draft Procedural Code of the RF as well. Also, the draft Procedural CAO RF and the current CAO RF do not contain provisions that the victim is a person involved in the case, despite the extensive range of procedural rights, envisaged by the articles of the CAO RF. The authors have also paid attention to the problem of recognizing a person as a victim, which has not yet been solved at the legislative level. During the critical analysis of the CAO RF and the draft Procedural CAO RF the authors emphasize the proper development of all controversial issues at the theoretical level, the need to make appropriate changes in the current CAO RF, and in the draft Procedural CAO RF.

    Keywords: victim, proceedings on cases of administrative offenses, administrative responsibility, administrative tort law, judicial practice on cases of administrative offenses 

     

    HISTORY OF BUSINESS LAW

    6. Smykalin Alexander S. Economic (Business) Law: Historical Stages of Development

    Abstract: Having examined the development of Soviet legislation on the basis of historical and archival documents, the author gives his vision of economic (business) law development in the USSR, in the post-Soviet period, as well as in modern times. So, according to the researcher, three main stages of development should be distinguished. The author connects the 1st stage of development with the period of 1920–1930s. In this time the character of the development of thinking was defined by transition to a new economic policy. The formation of socialist system of soviet economy was taking place and if at the beginning of the period economic law was considered as a part of civil law, then by the end of the period, according to the majority of scientists, business law superseded civil law. The stage-by-stage approach in the study, in the author’s opinion, gives an opportunity to allocate the period of 1950–1970s as a separate (second) stage, namely the recognition of command-administrative system of management and reflection of this process in the Soviet legislation. Vivid events of this period were the codification of legislation, great attention to contractual relations between enterprises, as well as the preparation of the draft Economic Code of the USSR. The creation of a new state in 1993 indicates, in the author’s opinion, the beginning of the third stage. During this period, there was a transition from administrative to market methods of management at all levels to a broad democratization of management and independence of its individual links. These processes allowed to return to the forgotten theory of economic (business) law and the development of relevant codes.

    Key words: economic (business) law, stages of development, analysis of historical and legal literature, current state, conclusions

     

    7. Nadezhin Nikolai N. The Origins of the Development of Basic Ideas About the Legal Provision of Entrepreneurship in Pre-revolutionary Russia

    Abstract: The article provides a historical sketch of the legal regulation of forms of business in the 19th century, analyzes a number of issues relating to the theory of legal entity. According to the author, the beginning of legal regulation of joint-stock companies occurred with the adoption of the Decree of Alexander I on September 6, 1805 and the Manifesto of the Emperor on January 1, 1807. These acts are fixed joint-stock company as a form of association of subjects of enterprise, provided the principle of limited liability of shareholders for the company obligations. The legislation on business entities was further developed in the Code of Laws of the Russian Empire. A division of companies by properties was carried out, where companies required special conditions for functioning and where companies did not need to be prepared for starting a business. Companies of the first group could receive exclusive privileges from the Government, companies of the second group could receive any permissions. A certain success for legal thought was the draft Civil Code of the Russian Empire, a document that did not come into force. However, in the sphere of civil law regulation of relations this document for the first time formulated such legal constructions as legal capacity and legal competence.

    Keywords: economic (business) law, joint stock company, limited liability of shareholders 

  • Обложка журнала

    Business, Management and Law
    No. 1 (2022)

    CIVIL LAW, BUSINESS LAW, FAMILY LAW

    1. Tasalov Philip A. Unified Information System in Procurement: Problems and Contradictions in the Regulatory Framework

    Abstract: The unified information system in the field of procurement is one of the largest state information systems, the development of which determines the future of digitalization of procurement and efficiency of work, primarily of customers and participants in procurement. The article deals with the peculiarities of functioning of the unified information system in the field of procurement. The legal status of the operator of such a system is analyzed. The peculiarities of the conclusion and execution of the contract for the operation of the information system are established. The author examines the peculiarities of financing the services for such operation, considering the need to analyze the budget expenditures for the maintenance of a unified information system in procurement. The article substantiates the existence of gaps in the normative regulation of relations between the executor of the contract for the maintenance of the state information system and third parties. The analysis of legal consequences of the customer’s use of life-cycle contracts in the sphere of maintenance and development of state information systems is presented. The article reveals the absence of specific rules that determine the order of customer’s choice of competitive procurement method, on which results the parties conclude a contract for the maintenance and development of state information system. On the basis of the study, the article formulates proposals aimed at improving the Russian legislation on the contractual system in the field of procurement.

    Keywords: electronic platform on procurement; government contract system; competition; digitalization; electronic bidding

     

    2. Smirnov Pavel A., Faingold Dmitriy E. On the Latest Judicial Practice in the Field of Cryptocurrency Circulation

    Abstract: The article examines the circumstances of an actual civil case considered by the courts of general jurisdiction. The plaintiff on the defendant’s proposal concluded a contract with him, according to which he transferred 0.5 bitcoins on the basis of maturity, repayment, and payment. The defendant undertook to use the loan amount strictly for its intended purpose: to invest in the cryptocurrency market. The defendant undertook to repay what he had received and to pay the interest. The defendant failed to fulfill his obligation to return the property. The court sided with the defendant, justifying the decision with controversial arguments, namely, that cryptocurrency is not an object of civil rights; that cryptocurrency holder is not entitled to judicial protection even if there are grounds; that bitcoin is money surrogate prohibited by law; those participants of valid transaction are free not to fulfill their obligations; and that bitcoin cannot be recognized as foreign currency or currency value. The article offers counterarguments based on the norms of modern Russian business law.

    Keywords: cryptocurrency, bitcoin, investment agreement, subject of loan, performance of obligations, freedom of contract, currency

     

    3. Кosyanenko Elena M., Vorobyov Kirill. Problems of Defining and Imitating the Corporate Identity of an Enterprise

    Abstract: The research is aimed at analyzing the legal regulation of a complex object of competition law, which includes not only protected, but also unprotected elements of intellectual property law, collectively receiving protection as a corporate identity of the enterprise. The results of the study were conclusions about the need to protect established brands from parasitic competitors by clarifying the definition of concepts, establishing the criteria for copying, imitating or mixing with someone else’s goodwill, and the boundaries of misleading the consumers about the business entity, goods, services and commercial designations. Extraterritoriality and mass digitalization of business will inevitably entail mutual claims of competing entities. The practical significance of the study lies in the debatable nature of the conclusions with respect to current trends in business development in Russia. The comparative legal part of the work is of scientific importance. It covers the examples of some countries in matters of protecting the corporate identity of the enterprise. The article can serve as a basis for further study of the procedures for legal regulation, and protection of the rights to the corporate identity of the organization, including in the era of digitalization of intellectual property objects.

    Keywords: corporate identity, means of individualization, competitor, mixing, protection of competition, imitation, similarity, copying, unfair competition

     

    BANKRUPTCY LAW

    4. Kushnarev Aleksandr S., Puchkov Vladislav O. Digital Financial Assets in Bankruptcy Cases

    Abstract: This article analyzes a new object of civil law – digital financial assets. The main problem raised by the author concerns the issue of compliance of digital assets with the necessary characteristics for their inclusion in the bankruptcy estate. For this purpose, the author uses a doctrinal approach to the definition of the bankruptcy estate as property “in the broad sense”. The article contains different points of view on the place of digital financial assets in the system of civil law objects. The authors highlight the approach according to which digital assets only change the form of the object, without changing the object itself, citing the example of Luxemburg legislation, where ordinary securities are equal to digital securities in legal regulation. In this regard, the authors speculate on the advisability of giving digital assets the status of independent objects. The conclusion focuses on current problems of law enforcement.

    Keywords: digital financial assets, digital rights, bankruptcy, debtor’s bankruptcy estate, object of civil law

     

    5. Adrova Polina O. Comparative Analysis of Judicial and Out of Court Bankruptcy

    Abstract: Since 2015, the legislation on insolvency has undergone significant changes that have had a positive impact on the Russian economy. This article examines the amendments made to the Law on Insolvency (Bankruptcy) concerning the out-of court bankruptcy of citizens. The author analyzes the scientific approaches to understanding of the legal nature of out-of-court bankruptcy as an independent procedure, which he places in question. The paper provides a comparative analysis of judicial and out-of-court bankruptcy procedures, and defines their similarities and differences in a number of characteristics such as: the order of filing and consideration of the application, terms, persons involved in the case, the presence of restrictions, and etc. Attention is paid to the problems of empowerment of multifunctional centers to conduct out-of-court bankruptcy, control of debtor’s activities after the introduction of the procedure, and observance of creditors’ interests in the absence of a bankruptcy trustee. The provisions governing out-of-court bankruptcy are analyzed in comparison with the enforcement proceedings. The substantiation of the thesis that out-of-court bankruptcy is a legitimate write-off of debts without carrying out the actions provided by the Law on bankruptcy to identify the debtor’s property and repay creditors’ claims is given. It is proposed to consider out-of court bankruptcy as a special procedure consisting of several stages: preparatory and main.

    Keywords: insolvency (bankruptcy), out-of-court bankruptcy, bankruptcy procedure, bankruptcy of citizens, enforcement proceedings

     

    CIVIL PROCEDURE, COMMERCIAL (ARBITRAZH) PROCEDURE

    6. Zverev Mikhail A. Legal Nature of the Institution of Replacing an Improper Defendant in Civil Proceedings

    Abstract: The article discusses the institution of replacing an improper defendant in a civil procedure. Based on the analysis of the regulatory framework and the doctrine of civil procedure, important conclusions are drawn about the concept of an improper defendant and the legal nature of the institution of replacing an improper defendant. The author concludes that the improper defendant should be understood as a defendant who has no connection with the disputed substantial legal relationship. The author considers possible views on the legal nature of the institution of replacing an improper defendant; it is concluded that this legal institution is a kind of regulatory right of the defendant. Based on the theoretical conclusions, essential practical conclusions are drawn: the replacement of an improper defendant with a proper one is possible not only at the stage of preparing the case for trial and consideration of the case in the court of first instance; it is possible to replace one inappropriate defendant with several ones and vice versa. The institution of replacement of an improper defendant in civil procedure is compared with a similar institution in administrative and commercial procedure. It is concluded that it is necessary to adopt the legal regulation of the institution in question in the arbitration process into the civil process, namely, that the arbitration process provides for the possibility of attracting a proper defendant as a second defendant. Such a mechanism of regulation gives the plaintiff and the court (with the consent of the plaintiff) an additional option for action in a disputable situation, when it is difficult to determine the appropriate defendant

    Key words: civil procedure, improper defendant, replacement of an improper defendant, subjective rights, regulatory rights, arbitration procedure, administrative procedure

     

    COMPARATIVE LAW

    7. Belykh Vladimir S. Agency Contract in English Law

    Abstract: This article deals with topical issues: the concept and types of the agency agreement, the conclusion of the agency agreement, and the execution of the agency agreement. It is noted that the agency contract is a universal agreement that combines the models of contracts of agency and commission. In article the comparative analysis of designs of the agency contract under the law of England and Russia is carried out. The features of the agency contract are considered, in particular: the subject composition (agent and principal). Special attention is given to features of concluding and performing the agency contract. Thus, emergence of agency relations occurs on different grounds. The article reveals the basic rights and obligations of the parties in the performance of the agency contract.

    Keywords: agency agreement, types of contracts, signs of the agency agreement, subjects of the agency agreement, conclusion of the agency agreement, performance of the agency agreement

     

    8. Bazhina Maria A. Liberalization of the Railway Industry in Russia and Germany: Comparative Legal Analysis

    Abstract: Liberalization of the railroad industry is one of the frequently discussed issues in the transport sphere, not only in Russia, but also in the world in general. Despite the seemingly well-established models of railroad management in every state, there is an ongoing discussion among practitioners and scholars about the most economically efficient model for managing the railroad sector. Among the currently known three dominant theories of railroad transport liberal reforms, many states use only certain elements of them. This naturally raises the question of the necessity of reforming according to one of these theories in order to achieve the highest economic performance. The analysis presented in this article shows how much the railroad industry in Russia and Germany needs to be reformed. The comparative-legal approach allows us to identify similar and different features of the formation of the modern model of railway industry management in Russia and Germany, as well as to identify possible ways of reforming in these states. The author proposes possible ways of reforming the railway industry.

    Keywords: railroad reform, liberalization, carrier competition, railway transportation, private ownership, infrastructure, monopoly

  • Business, Management and Law
    No. 4 (2021)

    CIVIL LAW, BUSINESS LAW, FAMILY LAW

    1. Belykh Vladimir S., Alekseenko Aleksandr P. On the Concept of Investment in the Digitalization of Economy and Business.

    Abstract: The article analyzes the concept of investment, taking into account the realities of the digital transformation of the economy. Based on a comparative analysis of the existing legal definitions of investment in the Russian legislation and doctrine, their cohesive characteristic feature as the purpose of their implementation is highlighted. In addition, it is proved that investments are the objects of civil rights invested in the objects of entrepreneurial activity. It is revealed that the proposed definition of investments made with the help of investment platforms is not correct and demands revision as it is not based on the existing approaches to the definition of such investments. The authors point out that the legal definition of investments in the Law on Investment Platforms does not indicate the objects where they are invested. Doubts are also raised about the possibility of making investments by converting them in utilitarian digital rights or by means of a loan. The author makes a conclusion that a unified concept of investment is needed, and that investment law should be brought to consistency within itself

    Keywords: investment, digitalization, digital financial assets, object of civil rights, investment platform, investor

     

    2. Tasalov Philip A. Digitalization Influence on Participation of Small and Medium Sized Enterprises in Public and Corporate Procurement: New Design.

    Abstract: The article discusses changes in legislation concerning the participation of small and medium-sized businesses in the procurement process regulated by Laws 44-FZ and 223-FZ. Now, customers are forbidden to require the provision of information about compliance with the criteria of bidders for small and medium-sized businesses – customers, and in the case of 44-FZ – operators of electronic platforms independently take information from the service developed and supported by the Federal Tax Service of Russia: Unified Register of Small and Medium Entrepreneurship. The author points out that a similar procedure for providing information about small and medium-sized businesses has been used in corporate procurement since November 27, 2020. During the operation of this procedure, both positive features, such as simplification of the preparation of applications by suppliers for the participation in corporate procurement, and negative ones, among which the costs of customers in the form of the need to check the data in the state information resources, were identified. In addition to the negative features, the author points to a clear problem of using the Unified Register of Small and Medium Entrepreneurship: the participant of the procurement may meet the necessary criteria of the subject of the small and medium enterprises, but for some reason he/she may not be in the register.

    Keywords: small and medium sized economic enterprises; government contract system; competition; digitalization; electronic bidding; corporate procurement

     

    3. Tarabaeva Natalya M. Real Estate Leasing: Problems and Prospects for Development in Russia.

    Abstract: The article analyzes the current state of the domestic market of leasing operations in the real estate segment. The author considered the general features of the leasing agreement, and established its types: financial, operational, returnable, as well as the features of the real estate leasing.

    The author established the advantages of the acquisition of commercial real estate by small businesses through the leasing transactions, compared with the loan. At the same time the author pointed out the risks of the acquisition of residential real estate leasing. The conclusion about the positive role of leasing in the development of the economy, especially in the small business sector is made.

    At the end of the article, the author identified the main factors that limit the development of the real estate leasing market in Russia. These are often found in the market sale of real estate in the form of sale of shares (stocks) in the company owning the real estate, the sale of real estate with existing encumbrances. However, the biggest problem, in the author’s opinion, is the direct legislative ban on leasing transactions with land plots. In many cases, the purchase of commercial real estate is paired with the purchase of land, so under such circumstances, leasing is either impossible or bypasses the law. It is this factor, in the author’s opinion, that is the key obstacle to the development of the real estate leasing market.

    Keywords: leasing, lessor, lessee, financial leasing, cover leasing, leaseback

     

    4. Grigoreva Olga A. Joint Spousal Debt: View of the Problem

    Abstract: The article reveals a number of controversial issues related to the phenomenon of “joint obligations of spouses”. At the beginning of the article the author points to the prerequisite for the possibility of the existence of joint spousal obligations. This is the presence of the opposite phenomenon, namely the common property of the spouses.

    Through the analysis of the concept of “family” as an entity that has an internal unity, the author makes a conclusion about possible dual nature of family property relations, i.e., relations within the family and relations of the family with third parties.

    In assessing the concept of joint obligation of spouses, the author points to the criteria for distinguishing the joint obligation of spouses from the personal obligation of one of the spouses, notes the lack of legal regulation of joint obligations of spouses, and indicates the procedural order for the recognition of the obligation of one of the spouses as a joint obligation of the spouses.

    The author concludes with an overview of the existing problems of law enforcement. Thus, the fundamental criterion “the needs of the family” for classifying an obligation as a joint obligation of spouses is of an evaluative nature and is left by the legislator to judicial practice. At the same, time there is no principle of uniformity in its enforcement. In addition, a negative trend in court practice is pointed out, where courts refuse to satisfy the claims for recognition of the obligation as a joint obligation of spouses on the grounds that the obligation remains unfulfilled at the time of the dispute consideration.

    Keywords: family, family members, property, property, joint property of spouses, joint property of spouses, spousal debt, joint debt of spouses, joint obligation of spouses

     

    ENVIRONMENTAL LAW, LAND LAW

    5. Vinnitskiy Andrey V., Vagina Olga V., Gaevskay Ekaterina U., Listopad Oksana F., Savvina Ludmila Ya. Regarding the Relationships Between Water and Subsoil Legislation

    Abstract: In the article the authors consider the correlation and competition between the norms of water and mining legislation in the issues of legal regulation and, accordingly, the definition of the legal regime of groundwater. It is said that so far, the question remains open which sub-branch of natural resources law regulates groundwater. The authors of the article note the fragmentation of legal regulation, which aggravates the problem of implementation of legal norms in this area and leads to collisions and contradictions. In this article the authors make an attempt to answer disputable questions about possibility of reference of groundwater to useful minerals in accordance with the current legislation and about possibility of extension of legal regime of industrial waters to underground drinking waters and underground technical waters. In a scientific article such concepts as “groundwater” and “subsurface water” are distinguished. The “All-Russian classifier of minerals and underground waters OK 032-2002” is analyzed. The standards that set out the basic conceptual apparatus in the use and protection of mineral resources are GOST R 59071-2020 and judicial practice. The authors analyze the system of norms of legal regulation of different types of ground waters, such as technical, potable and industrial ones.

    Keywords: groundwater, subsurface water, subsoil, industrial water, legal regime of water objects

     

    6. Pelvitskay Elisaveta P. Some Peculiarities of Lease Agreement for a Water Well that is Privately Owned by an Individual and is Necessary to Ensure Sustainable Water Use of a Settlement

    Abstract: In article the legal analysis of a situation of subjects-owners of objects of the centralized system of water supply and water removal is carried out. The author has revealed that as a result of privatization of the state property, which occurred in the 90’s, the objects of the centralized system of water supply and sanitation became the property of private persons. At the same time, the law establishes that owners of objects of the centralized system of water supply and sanitation have no right to prevent transportation of water (wastewater) through their water supply and (or) sewerage networks in order to provide hot water supply, cold water supply and (or) water disposal to subscribers, whose capital construction facilities are connected (technologically connected) to such networks. At the same time, the owner of such networks has no right to use them independently, but is obliged to enter into a contract with a specialized organization to operate the networks. However, to receive payment for the use of networks, the owner must register as an individual entrepreneur and wait for the establishment of the tariff for the use of his economic networks, if the fee for use is not included in the tariff for water supply and sanitation services. The owner does not have the right to independently establish prices and terms of contract for the use of water and wastewater systems.

    Keywords: utility infrastructure facilities, privatization of state and municipal property, lease agreement, payment for the use of utility infrastructure facilities

     

    7. Dubovik Dmitryi M. Charge for Municipal Solid Waste Management: Analyze of Recalculation Problem

    Abstract: On the basis of the current legislation and law enforcement practice in the field of municipal solid waste management, the author identifies a separate legal problem arising when calculating / recalculating payments for community facilities for municipal solid waste management, if nobody lives in the premise or is temporarily absent.

    Turning to the issue of charging / recalculating payments for municipal solid waste management, much attention is paid to disclosing the place and nature of services for municipal solid waste management in the structure of payments for community facilities.

    The analysis of the regulatory framework showed that today the owner of the residential premises is deprived of the opportunity for the appropriate recalculation in case of failure to provide services for the management of municipal waste management.

    Considering various law enforcement practices in the field of charging community facilities for the management of municipal solid waste, the author concludes that today, there are a large number of unresolved issues, including uncertainty in resolving disputes related to the calculation / recalculation of payments for the community facilities in the event that no one lives in the premise or is temporarily absent.

    Keywords: community facilities, municipal solid waste, treatment, volume, accumulation standard, payment, recalculating

     

    ENERGY SECURITY

    8. Diachkova A. V., Kontoboitseva A. E. National Energy Security: New Opportunities and Threats

    Abstract: At present, the issue of ensuring an effective national energy security system is especially relevant in view of the destabilized global pandemic situation in the energy market, in particular, oil products. Under the influence of modern trends, the global market for fuel and energy resources is transforming, and the need to change the energy policy has affected many national economies. As a result of the empirical analysis, the influence of external economic factors of energy security on the economy of the state as a whole was revealed; the presence of differences in the influence of external economic factors on producing and consuming countries was confirmed; the key external economic factors of energy security in consuming and producing countries are found identical: the price, the share of exports, the volume of consumption, but they have opposite semantic meanings, namely, what is a positive impact for some has a negative impact on others.

    Keywords: energy security, national energy security, oil exporting countries, oil importing countries

     

  • Бизнес, менеджмент и право
    No. 3 (2021)

    BANKRUPTCY LAW

    1. Belykh Vladimir S., Zemerov Dmitry V. Subsidiary Liability in Cases of Insolvency (Bankruptcy) of Controversial Issues of Theory and Practice.

    Abstract: The article deals with a number of controversial provisions related to the application of subsidiary liability in cases of insolvency (bankruptcy). The authors considered such issues as the concept, characteristics and grounds of subsidiary responsibility in cases of insolvency (bankruptcy). The analysis of distinctive features attributed to the institution of subsidiary responsibility in civil law was carried out in detail. It is established that the person brought to subsidiary responsibility bears responsibility along with the principal debtor who didn’t fulfill or improperly fulfilled his property obligations. Through the prism of obtained results the authors draw a conclusion about the legal nature of subsidiary responsibility in cases of insolvency (bankruptcy) and determine its relevance to tort liability, where one of the criteria of its application is the debtor’s failure to fulfill his obligations to creditors. Special attention is paid to the subject of subsidiary liability in cases of insolvency (bankruptcy) – the debtor’s controlling person. In particular, the authors point out the positive trends in legislation and judicial practice related to the fact that the persons controlling the debtor on formal grounds cannot be released from liability. First of all, we should assess the possibility of a person to influence the debtor’s decision-making, regardless of the duration of control over the debtor.

    Keywords: insolvency (bankruptcy), debtor, liability, creditor, subsidiary responsibility, the debtor’s controlling person, court practice

     

    2. Frolov Igor V. Model for Ensuring Legal Protection of Public Interests of the State And Society in The Field оf Bankruptcy of Citizens

    Abstract: The article examines the model of ensuring the legal protection of public interests of the state and society in the field of bankruptcy of citizens which is described on the one hand in protection of state interests of fiscal nature in the form of taxes and other obligatory payments, and on the other hand in the form of protection of public interest, observance of balance of rights and legitimate interests of all persons participating in a case on bankruptcy. The author concludes that the concept of protecting public interests in the field of insolvency and bankruptcy of citizens, which has developed in the Russian legal system has a clear economic interest of the state and is aimed at ensuring the maximization of citizens’ welfare through two stages of rehabilitation of a debtor citizen through: financial rehabilitation of a debtor citizen in a judicial procedure for restructuring a citizen’s debts through the mechanism of achieving agreements on the repayment of creditors’ claims by the debtor within the framework of the debt restructuring plan; social rehabilitation of a citizen declared bankrupt as a result of a judicial procedure for the sale of property or a procedure for an extrajudicial bankruptcy of a citizen with the help of mechanisms for releasing a bankrupt from creditors’ claims that are unbearable for his financial condition

    Keywords: insolvency (bankruptcy); public interest; bankruptcy of citizens; protection of public interests; institution of insolvency and bankruptcy of citizens; wealth maximization; insolvency of citizens; poverty; financial rehabilitation of insolvent citizens; social rehabilitation of bankrupt citizens

     

    3. Slavich Maria A. Legislation on Insolvency (Bankruptcy) of the Developer for the Construction: History of Development and Prospects

    Abstract: The article analyzes the development of legislation on insolvency (bankruptcy) of a developer for the construction. The author considers the history and reasons for special legal regulation of bankruptcy of this category of debtors, the main stages of legislative changes, the content of such changes and their social orientation. The article highlights positive trends of the legal regulation of bankruptcy of the developer. Firstly, the legislator excluded legal entities from the number of privileged creditors. This is due to the fact that in many respects socially-oriented legislation on developer’s bankruptcy should not provide protection for professional participants of the construction market. Secondly, the legislation imposed additional requirements on arbitration managers for their participation in developer’s bankruptcy proceedings. This had a direct favorable effect on the quality of bankruptcy proceedings. Thirdly, the legislator excluded such stages as supervision and financial rehabilitation in the bankruptcy of the developer due to their low efficiency to ensure the needs of prompt protection of the rights and interests of individual shareholders. Considering modern realities, the author has allocated several vectors for the development of the legislation on the insolvency (bankruptcy) of the developer: the need to increase the efficiency of participation of public-law company «Fund of protection of the rights of citizens-participants of shared construction» in the cases of insolvency (bankruptcy) of the developer, the need to balance the interests of construction participants and the use of judicial system in the presenting the debtor-developer’s claims by construction participants, and establishment of a list of privileged objects.

    Keywords: bankruptcy, developer, construction, peculiarities of legal regulation, changes in legislation.

     

    4. Kononova Ludmila A. Insolvency Manager as a Legal Entity: Myth or Reality?

    Abstract: The article considers both foreign and national legal provisions on the possibility (inability) to approve (appoint) both individuals and legal entities as an insolvency manager in cases of insolvency (bankruptcy). Analyzing the norms of current legislation, the author pays special attention to different scientific views on the feasibility of approving legal entities as insolvency managers. The author speaks about the positive experience concerning the operation of the state corporation “Deposit Insurance Agency”. The author points out that it is possible for an insolvency manager to have dozens of bankruptcy procedures simultaneously involving not only employees, but also entire organizations that actually perform most of his functions, that, according to the Supreme Court of the Russian Federation, is not permissible. In the end of the article, the author concludes that there are prerequisites and the need to legislate the right of the court to appoint both an individual and a legal entity professionally engaged in anti-crisis management as an insolvency (bankruptcy) administrator. At an initial stage it is offered to provide this possibility only in relation to a large complex industry.

    Keywords: insolvency (bankruptcy), bankruptcy manager, requirements, state corporation “Deposit Insurance Agency”

     

    5. Gorbashev Ilya V. Liability of corporate group through the prism of article 67.3 of the Civil Code of the Russian Federation

    Abstract: The article establishes exceptions from the principle of limited liability of participants (shareholders) for the obligations of a business company. In particular, theoretical bases for bringing the main company to responsibility for debts of subsidiary company were analyzed. It was argued that the obligation arising from the main company is not the responsibility in the direct sense (there is no need to establish the composition of damages), and by its nature is closer to the debt of the guarantor. This provision also stipulates that the liability of the parent company arises not as a result of a violation of law but because of imposition of its will on the subsidiary company through giving instructions or consent to conducting the transactions, which is achieved by means of dominant control.

    In this case, the parent company is not liable for all the transactions of the subsidiary company, but only in cases where transactions concluded on its instruction did not comply with the interests of the subsidiary company. Substantiated criticism of joint and several liability of the parent company for the deal of the subsidiary company has been given. In particular, the article also presents the analysis of similar circumstances: in ordinary legal relations, the responsibility of the parent company under the transaction will be joint and several for the very fact of its fulfillment, and if this transaction will entail bankruptcy, the responsibility for the offence will be subsidiary.

    Keywords: group of persons, corporate groups, subsidiary company, main company, joint and several liability, indication and approval, bankruptcy (insolvency)

     

    COMPARATIVE LAW

    6. Klushkin Sergey Y. Joint-Stock Company in the Legal Systems of Russia and Kazakhstan: Comparative-Law Essay

    Abstract: Integration processes in the Eurasian space cause interest in comparative-legal research, including the sphere of corporate law. In the present article the notion of “joint-stock company” under the legislation of the Russian Federation and the Republic of Kazakhstan is considered. The subject of the analysis are the norms of the Civil Code of the Russian Federation, the Republic of Kazakhstan, and special laws regulating the legal status of joint stock companies in the legal systems of the above states.

    The article mainly examines features of the joint-stock companies in normative legal acts. Besides, separate problems of corporate law in doctrine are touched upon.

    As a result, alternative concepts of “authorized capital” and “joint-stock company” that reveal the most essential features of the legal category of “joint-stock company” are proposed.

    At the same time the said comparative-law study allows to identify common and special features in the immanent characteristics of joint stock companies in the legislation of Russia and Kazakhstan, and through the theory of corporate law indicate the existing problems in the corporate legislation of Kazakhstan, among which, for example, is the lack of possibility to reduce the authorized capital in a joint stock company.

    The presented material may be interesting to scientific, educational and practical purposes, including law enforcement practitioners.

    Keywords: comparative law, corporate law, joint-stock company, legal position

     

    7. Broslavsky Lasar I. The State Energy Function and U.S. Energy Law

    Abstract: : The article examines the problems of the federal government policy in the field of energy and energy law, describing in detail the competent state authorities in the United States, their powers, and functions. The author points at the stages of energy law development from 1970s to present time through the prism of economic and political conditions; he analyzes the system of sources, which is characterized by the presence of statutory acts at all levels of government, and the traditional set of sources for the American legal system.

    The legal regime of oil and gas fields development in the USA is analyzed separately; it differs depending on the land plot owner: if the owner of the land plot is the state, the land plot is leased for acquiring the right for oil and gas production, and if the land plot is owned privately, the subsoil under it is also owned. Attention is also paid to the disputable case of the owner of minerals in case of possible migration of oil and gas reserves in the territory of several plots.

    In conclusion, the author emphasizes the increased need for codification of Russian energy legislation. However, he highlights the need for the preliminary theoretical study concerning the place of Energy Code in system of law and legislation, and the structure of energy law.

    Keywords: government energy policy, energy law, energy independence, energy safety, lease

  • Business, Management and Law
    No. 2 (2021)

    DIGITALIZATION OF ECONOMY AND BUSINESS

    1. Shishkin sergey.n.shishkin@gmail.com On some basic principles of digital law.

    Abstract: The article is devoted to some basic principles of digital law. In addition, the author deals with the problem of branch identification of digital law. The article pays special attention to the legal support of the digital economy and the role that belongs to the concept of entrepreneurial (economic) law in this area

    Keywords: digitalization, digital law, digital economy, entrepreneurial law, principles of law.

     

    2. Marat Sarsembaev daneker@mail.ru Digitalization of transport macnine-building enterprises in Kazakhstan and Russia: prerequisites, legal problems, and development.

    Abstract: Digitalization is the inevitable introduction of digital technologies in all spheres of life, the state, the economy, including transport engineering. The relevance of the topic of digitalization of transport engineering in Kazakhstan and Russia is that digital technologies can improve the efficiency of the economy, including transport industry plants. The prerequisites for the introduction of digital technologies were manifested in the effective mutual activity of the state and the population to provide and receive a variety of services due to the successful functioning of «e-government» in both countries. The purpose of the study is to assist management and engineering personnel in solving and applying legal issues related to the implementation of digital tools in the activities of transport industry enterprises. In the course of the research, the following methods were used: the method of working with empirical material, the method of analysis and synthesis throughout the text of the article, the method of comparative legal analysis in relation to Kazakhstan and Russia, as well as other countries that have advanced in the digitalization of transport engineering. The statistical method was used in the study of robotics in the framework of a transport plant.

    The essence of the article is to analyze such digital tools as the Internet of things, artificial intelligence systems, a system for diagnosing the quality of electric vehicles produced at factories, speech recognition, unmanned electric cars, and robotization, which should be fully implemented in the activities of transport plants in Russia and Kazakhstan. The topic of the article is new in the legal science of both countries. In Russia, there are research works on general and special issues of digitalization, but the topic of the law of digitalization of transport engineering plants is being studied for the first time. The article offers a number of names of new laws and regional conventions that, according to the author, can assist in digitalization, in the introduction of digital tools in the activities of transport engineering plants in Russia and Kazakhstan.

    Keywords: digitalization; transport engineering; industry; factory; robotization; electric vehicle; unmanned vehicle; artificial intelligence.

     

    3. Yuliya Haurylchanka hauryyuliya@gmail.com Biometric Identification and Authentication of the Subject of Financial Legal Relations.

    Abstract: The research was conducted in the context of understanding biometrics as a science that studies the unique characteristics of a person (physical, behavioral, etc.). Due to the urgency of improving the quality of financial services, the reliability of the services provided, the protection of personal data, and the minimization of other risks, biometric technologies are increasingly being used to identify and authenticate financial service customers. In this regard, the purpose of the study is to disclose the existing legal problems and prospects for the use of biometric technologies in this area. To achieve this goal, we have studied domestic and foreign sources, the practice of using biometric technologies in different countries, and legal regulation in this area. Due to the variety of approaches to the problem, the legislation and practice of the Republic of Belarus are taken as a basis, which are generally quite close to Russian ones. In addition, the practice and interim results of the work of the Russian Unified Biometric System (UBS), key approaches to the use of biometric technologies in foreign countries are taken into account. As a result of the research, the concepts of identification, verification and authentication were formulated and studied, the types and place of biometric data in the system of authentication factors were studied. The author comes to the conclusion that it is most appropriate to recognize the factors of the subject»s property (biometric data, including, but not exclusively, photo and video images, voice) and the factors of the property of the object associated with the subject as the third group of authentication factors. However, the issues of biometric data protection still require both technical and legal solutions

    Keywords: biometrics, biometric factors, authentication, identification, financial services, face recognition, voice recognition, biometric data.

     

    4. R.N. Salieva sargus6@yandex.ru On the types of information in the field of ecology and environmental protection to be included in the integrated information system of fuel and energy sector organizations of the EAEU States.

    Abstract: Based on the analysis of interstate agreements of the EU states and the national legislation of Russia and the Kyrgyz Republic, the article identifies the types of information that it would be advisable to include in the integrated information system of fuel and energy complex organizations. The conclusion is formulated that a harmonized legal framework is needed to ensure the unity of requirements for the creation and use of integrated information systems.

    Keywords: information, types of information, ecology and environmental protection, integrated information system of fuel and energy sector organizations, unified system of ecological and geoecological monitoring.

     

    ENVIRONMENTAL LAW

    5. Ignateva Inna A. land@law.msu.ru Legal protection of the Arctic environment in the context of the intensification of economic activity in the Arctic zone of the Russian Federation

    Abstract: The legal framework for environmental protection of the Arctic regions of the Russian Federation is analyzed in the article. The author concluded that the adoption of a separate federal law in relation to the Arctic zone of the Russian Federation, which creates a legal basis for the expansion and intensification of economic activity in the Arctic, was not balanced in law by the adoption of special rules that can strengthen measures to protect the vulnerable Arctic environment. Such special rules should be immediately incorporated into the legislation. Thus, comprehensive sustainable development in the region will be realized, including economic, social and environmental development.

    Keywords: Arctic, Arctic zone of the Russian Federation, environmental protection, sustainable development

     

    LEGAL OPINIONS

    6. V.S. Belykh belykhvs@mail.ru, K.A. Kon’kov kir-konkov@yandex.ru Comparative analysis of state support measures for investment projects in the Russian Federation» (legal opinion).

    Abstract: The article presents a comparative analysis of state support measures for investment projects in Russia. The authors have analyzed Russian legislation and business practice. The following measures of state support were considered: a) state guarantees of the Russian Federation on loans or bonded loans, attracted for the implementation of investment projects; b) financing of projects at the expense of the National Welfare Fund; c) financing of projects at the expense of the Industrial Development Fund; d) investment deduction for corporate income tax, etc. In conclusion the authors note that the measures of state support for investment projects, «scattered» in various normative acts have common goals and similar means, that would allow to consolidate them in one general law.

    Keywords: investment project, investment legislation, state support funds, investment project support program, state guarantees, project financing, investment deduction, tax incentives, other support measures.

     

     7. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru, L. Ya. Savvina savvina.l@mail.ru Powers of the real estate registration authority in connection with the inclusion of information on the restricted area of a military facility in the Unified State Register of Immovable Property based on the order of the Ministry of Defense of the Russian Federation

    Abstract: The article discusses the powers of the real estate registration authority to conduct a legal examination of the validity of the authority’s decision to establish a zone with special conditions for the use of territories, on which basis information is included in the Unified State Register of Immovable Property in terms of interagency information interaction, as well as the limits of state land supervision authority in relation to the inspection of the federal authorities’ acts for compliance with land legislation.

    Keywords: zones with special conditions for the use of territories; restricted area of a military facility; registration authority; interdepartmental information interaction; state cadastral registration of immovable property; Unified State Register of Real Estate; supervision of land by the state.

  • Business, Management and Law
    No. 1 (2021)

    DIGITAL ECONOMY

    1. V.S. Belykh belykhvs@mail.ru Digital economy and development of of business legislation in Russia.

    Abstract: The article discloses such concepts as «digital economy,» «digital business,» and «digital law. It is noted that the digital economy and the real economy closely interact with each other. The author believes that the digital economy is a sector of the national economy. Further, it is said about the correlation between real and financial sectors of the economy. In conclusion, the author formulates proposals for the development of the Russian legislation in general and business legislation in particular

    Keywords: digital economy, digital business, digital rights, real sector, financial sector, business legislation, the main ways and concept of its development in the context of digitalization.

     

    2. Borodushko bi08@me.com, S. Shishkin sergey.n.shishkin@gmail.com State regulation of fuel and energy complex operation in Russia in the context of digitalization.

    Abstract: The article presents the analysis of the basic prerequisites, significance, content and approaches to the state regulation of fuel and energy complex of Russia in modern conditions. The purpose of the article is to assess the current situation in the field of state regulation of relations in the energy sector. The need for increased attention to the management of the energy sector is dictated by its dominance in the country’s export potential, status of the general energy resources supplier on the domestic market, at the same time its position remaining far behind the leading countries in terms of the industry’s digitalization and share of products of high redistribution levels, etc. The establishment of a single set of regulatory documents defining the key vectors of fuel and energy complex development and the actions of government institutions to fulfil the set goals is a notable achievement. The priority spheres of government regulation of the energy sector include safety and transition to end-to-end digital technologies.

    Keywords: fuel and energy complex; state regulation; energy security; digitalization.

     

    MEDICAL LAW

    3. Ponkin i@lenta.ru Medical Law in conditions of digitalization.

    Abstract: The article is devoted to the legal explanation of the peculiarities of the transformation of medical law and, in general, regulation in the field of healthcare under the conditions and under the influence of digitalization. The author predictively shows the directions and modalities of such a transformation

    Keywords: digitalization, medical law, pharmaceutical law, bioethics as a system of normative regulation (lex biomedica), regulatory space, innovation

     

    4. Mokhov med-farm-law@mail.ru On the issue of bioresource centers and biocollection

    Abstract: Biotechnologies are developing rapidly. The beginnings of bioeconomics and its individual industries and sectors are being formed.

    There are new opportunities for the state, society, and the individual. At the same time, individual risks are also increasing, and the burden on the biosphere is growing. The emerging bioeconomy infrastructure should, on the one hand, contribute to the accelerated development of new technologies, on the other, ensure biological diversity, biological security, and neutralize real and potential threats and risks. In the emerging infrastructure of bioeconomics, not only biobanks play a significant role as specialized repositories of biological objects and biomaterials, but also bioresource centers that form and support biological collections (plants, animals, microorganisms, viruses, etc.). Due to the novelty of such bioresource centers as subjects and biocollections as objects, complexes, an attempt is made to understand them, to determine the vector of development of national legislation on bioresource centers and biocollections in Russia

    Keywords: biotechnologies, bioeconomics, biodiversity, biosafety, infrastructure, biological objects and samples, biological collections, bioresource centers, biobanks, legislation.

     

    5. Shayakhmetova A.R. alinashr@yandex.ru Problems in health care delivery in social network Instagram

    Abstract: The market of services in the modern world is diverse. Services are provided everywhere, and the provision of medical services on the social network Instagram is gaining popularity. The article focuses on the legal regulation of medical services provided by individuals independently without the participation of medical organizations. The terms of service provision and issues of bringing the contractor to responsibility are considered.

    Keywords: medical service, social network, responsibility, medical activity, account, medical organization, tort liability, infliction of harm, medical intervention

     

    6. Ph.A. Tasalov ftasalov@gmail.com Public procurement in the health sector during pandemic coronavirus: commentary on the relevant public procurement legislation

    Abstract: The article is focused on the public procurement legislation in the health sector during pandemic coronavirus. This paper attempts to explain new rules on technical specifications, public procurement methods in acquiring medicines, medical devices and medical equipment. Special attention is paid to life-cycle public contracts in the health sector.

    Keywords: public procurement; life-cycle public contract; medicines; medical devices; medical equipment; competitive bidding; electronic pub[1]lic procurement; economic operator; pandemic coronavirus

     

    TRANSPORT LAW

    7. Bazhina mashsol@mail.ru Transport Code of the Russian Federation –“scientific extremism” or lawful requirement for the development of legal regulation?

    Abstract: The article deals with the main question of transportation law – the way of transportation legislation development. The author shows the main scientific approaches to the systematization of transportation legislation. There is argumentation for the necessity of systematization of transportation legislation in the way of adoption of the single codified act – Transportation Code of the RF.

    Keywords: Transportation Code of the RF, systematization, codification, transportation legislation

     

    ENERGY LAW

    8. A.M. Shafir shafir07@mail.ru Legal and technical regulations of legislation on capacity in energy sector

    Abstract: The legislation does not separate the concepts of capacity of electric power (energy) and capacity of generating devices (generating capacity). In addition, when analyzing this concept, the existing interrelation and interaction of legal and technical norms in the process of legislative regulation of capacity, which determines the technical and legal nature of this legislation, is not taken into account. The characteristic of energy described in literature as an independent commodity leads to its separation from the main purpose of the contractual obligations of the parties, the subject of which is the obligation of the power supplying organization to supply the subscriber with energy through the connected network. But the characteristic of capacity as no more than a quantitative or qualitative indicator of energy cannot be accepted, because it takes this notion beyond the limits of legal relations on energy supply. In relations based on the model of power supply, capacity as an economic-legal concept is a technical, technological and other kinds of activity, carried out by any (not only transmitting electric and thermal energy) supplying organization by the connected network to maintain equipment (generating devices at power supply) in such a condition that ensures the generation and transfer of resources in the quantity and quality specified in the contract with the consumer for the use of the consumer. Power in the power industry as an object of technical and legal regulation can be defined as special legal rules established by the competent authorities, by means of which technical characteristics of the equipment are established, compliance with which allows ensuring the availability of the generating equipment of the supplying organization for power generation of the quantity and quality specified by the contract, as well as technical characteristics of the transmitted power.

    Keywords: power supply, electric power capacity, generating capacity, legal and technical rules of electric power legislation.

     

    LEGAL OPINIONS

    9. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru Sanitary rules and regulations: is it possible to extend their validity to relations, having arisen before these rules entered into force?

    Abstract: In this article the authors analyze the legal nature of sanitary rules and norms. They consider different views of scholars to the issue concerning the possibility of giving retroactive force to normative legal acts. The authors make a conclusion concerning the possibility of extending the validity of health and safety rules and standards to relations that arose before their entry into force.

    Keywords: normative acts, sanitary rules and norms, retroactive effect of the law.

  • Business, Management and Law
    No. 4 (2020)

    CONSTITUTIONAL LAW

    1. Mehrentseva N.A. polya.popova2014@yandex.ru Constitutional status of the court and prosecutor’s office – innovations of the Basic Law of the Russian Federation

    Abstract: The article is devoted to the analysis of a new version of articles 118 and 129 of the RF Constitution that are fundamental for the Russian judicial system, system of justice, organization and operation of prosecutorial bodies. The author examines issues of enshrining the list of courts that form the judicial system, including the commercial court proceedings into the enumeration of types of judicial activities fostering the realization of judicial power, further developing of judicial federalism as the principle for building the judicial system in a federative state as well as enshrining the functions of the prosecutor’s office.

    Keywords: justice system, judicial system, judicial federalism, federal courts and the courts of the RF constituent entities, constitutional (charter) courts of the RF constituent entities, competence of the prosecutor’s office agencies.

     

    CIVIL, ENTREPRENEURIAL, FAMILY LAW

    2. Bazhina mashsol@mail.ru, E.P. Shekochihina helena271@rambler.ru On the issue of establishing internal relationships between the contract of carriage goods and the supply contract

    Abstract: The article is devoted to the analysis of a new version of articles 118 and 129 of the RF Constitution that are fundamental for the Russian judicial system, system of justice, organization and operation of prosecutorial bodies. The author examines issues of enshrining the list of courts that form the judicial system, including the commercial court proceedings into the enumeration of types of judicial activities fostering the realization of judicial power, further developing of judicial federalism as the principle for building the judicial system in a federative state as well as enshrining the functions of the prosecutor’s office.

    Keywords: justice system, judicial system, judicial federalism, federal courts and the courts of the RF constituent entities, constitutional (charter) courts of the RF constituent entities, competence of the prosecutor’s office agencies.

     

    3. Grigoreva olgagrig@rambler.ru Moratorium on the collection of a payment of legal penalty. Law enforcement challenges

    Abstract: the article highlights issues related to the judicial interpretation of the norms of the Federal law of 01.04.2020 No. 98-FZ «On amendments to certain legislative acts of the Russian Federation on the prevention and elimination of emergency situations» and the decree of the Government of the Russian Federation of 02.04.2020 No. 424 «On the specifics of providing utility services to owners and users of premises in apartment buildings and dwelling houses» in terms of the rights of owners of non-residential premises to apply a moratorium on accrual (collection) of penalties for late payment for residential premises, utilities and major repairs.

    Keywords: penalty, legal penalty, residential and non-residential premises, rent on dwelling houses, suspension of penalty, moratorium.

     

    4. E. Polushin polushin.victor@yandex.ru Reform of controlling and supervisory activities in the sphere of entrepreneurship: problems and ways of realization during the COVID-19 pandemic

    Abstract: The article is devoted to reforming the controlling and supervisory activities in Russia during the COVID-19 pandemic. The author pays attention to disparity between the tasks aimed at reducing the controlling and supervisory pressure upon the economic subjects especially the subjects of small and medium-sized entrepreneurship announced by the leaders of the country and continuing practice of tough law enforcement by certain administrative organs and the organs of prosecutor’s office. The article underlines the inquisitory orientation of state control (supervision) in conditions of its inefficiency. At the same time, the author gives positive examples of “mild law” with predominance of measures on crime prevention. In conclusion, the author proposes a number of measures to improve the controlling and supervisory activities.

    Keywords: state control (supervision), crime prevention, reform of controlling and supervisory activities, changing the criteria of controlling (supervisory) bodies’ efficiency.

     

    5. M. Aminova farida.aminova.2016@mail.ru On the issue of grounds and order of terminating marriage

    Abstract: In this article, the author reveals the understanding of marriage as a social and legal category. The author distinguishes between such concepts as termination of marriage and dissolution of marriage. The author reveals the grounds for termination of marriage, and the current order. Problem of termination of marriage arising from the conflict-of-laws are considered.

    Keywords: marriage, family, termination of marriage, dissolution of marriage, spouses, conflict-of-laws rules.

     

    ENVIRONMENTAL AND LAND LAW

    6. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of establishing water protective zones and coastal zones of water reservoirs

    Abstract: The authors in their work addressed the problem of establishing water protective zones and coastal zones of water reservoirs defining the differences between the protective line and coastal line. The article examines the possibilities of attributing water protective zones to different forms of ownership and carrying out business activities on them.

    Keywords: environmental legislation, water objects, water protective line, coastal protective line, coastal zone

     

    7. B.A. Voronin vorininba@yandex.ru, I.P. Chupina irinacupina716@gmail.ru, Y.V. Voronina arizona72@mail.ru Russian village: problems of abandonment of rural settlements

    Abstract: Modern agriculture is problematic to continue using previously existing methods and technologies. In order to guarantee food security of the Russian state, and even more so to switch to export-oriented development of agriculture, it is necessary to introduce into agricultural production current breakthrough scientific developments in the field of crop production, animal husbandry and other areas of agricultural activity. To date, the Russian Federation has established a certain regulatory framework that regulates relations for the development of scientific and technological progress in agriculture and the agro – industrial complex. Let’s note the main legal acts in this area: – The presidential decree №623 from 16.12.2015 of the year «On approval of priority directions of development of science and technology of the Russian Federation and list of critical technologies of the Russian Federation» – Decree of the President of the Russian Federation No. 624 of 01.12.2016 «on the strategy of scientific and technological development of the Russian Federation for the long term» – Decree of the President of the Russian Federation No. 350 of 21.07.2016 «on measures to implement the state scientific and technical policy in the interests of agricultural development». Federal scientific and technical program for the development of agriculture for 2017–2025, approved by decree of the Government of the Russian Federation No. 99 of 25.08.2017. – Forecast of scientific and technical development of the agro-industrial complex of the Russian Federation for the period up to 2030, approved by order of the Ministry of agriculture of the Russian Federation No. 3 of 12.01.2020. Unresolved legal acts form the basis for the development of scientific research in the agricultural sector of the economy and the transition of the agro-industrial complex to an innovative development path.

    Keywords: agriculture, agricultural and industrial complex, innovations, scientific and technical progress, agricultural entrepreneurship, food security, scientific developments, agricultural activities.

     

    TAX LAW

    8. D.V. Vinnitsky vinnitskydv@soeka.ru, D.A. Kurochkin den.al.kurochkin@gmail.com Modern ways for eliminating the barriers and limitations in the sphere of single services market in the sphere of conducting research works in EAEC member-states

    Abstract: The article evaluates the current state of legal regulation of a single services market in the sphere of conducting research works of EAEC member-states. Based on questionaries produced by the participants of the said services market in all EAEC member-states, the system of typical barriers on R&D market of EAEC member-states was identified. The identified barriers may be divided into two groups: barriers of formal character coming out from the legislative provisions of EAEC member-states as well as barriers that have hidden character (including those that do not come out from the law but manifest themselves in practical activities) or potential character (when barrier may manifest themselves depending upon the specific features of this or those practical situations). It is stated that for the aim of eliminating those barriers it is necessary to adopt the Review of the practice that foster eliminating barriers and limitations in the sphere of R&D services market functioning in EAEC member-states (at the level of Eurasian Economic Community) and to conclude the Agreement on administrative collaboration within the Eurasian economic union by EAEC member-states. The collaboration should be in the sphere of conducting research works and implementing in the sphere of social and human sciences. By the model of three barriers (requirement on the laboratory accreditation, requirement on accreditation of research organization, requirement priority of goods with national origin) the author gives examples of possible provisions of the Review of the practice that foster eliminating barriers and limitations in the sphere of R&D services market functioning in EAEC member-states.

    Keywords: Eurasian Economic Community, single services market, research works, barriers, elimination of barriers

    9. I. Savitskiy sai001@usla.ru Tax discrimination and «horizontal» restrictions: problems of ratio in the EAEU

    Abstract: The article assesses potential cases of tax discrimination that may arise as the consequence of the EAEU domestic law application, and provisions of the EAEU law which prohibit discrimination, on one hand, and justify legal differentiation – from the other hand, e.g. «horizontal» limitations. The author analyses the EAEU law and EU case law and argues that the limitations and derogations from the national treatment (and non-discrimination regime) may not be voluntary and make void the object and aims of an international treaty which have higher value.

    Keywords: tax discrimination, horizontal commitments, subsidy, national treatment, incentives, R&D, EAEU

     

    COMPARATIVE JURISPRUDENCE

    10. Puchkov V.O. puchkovandpartners@gmail.com Unique constructions of limited proprietary rights in private international law of Germany and Russia

    Abstract: The article examines the structures of limited proprietary rights in private international law of Germany and Russia that are not characteristic to civil law outside its conflict-of-law aspects. The binding nature of such constructions is substantiated, justifying the extension of relevant methods of protection to the area of the relevant relations. It is concluded that conflict-of-laws rules on real estate contracts should be applied to these constructions in the context of private international law, since this will provide greater freedom for the entities of the relevant legal relationship in establishing or changing civil rights and obligations and will exclude the possibility of the court to recognize the unique design of a limited proprietary right contrary to the law.

    Keywords: real estate, plot of land, private international law, foreign persons, thing, obligation, conflict-of-laws connecting factor.

  • Business, Management and Law
    No. 3 (2020)

    INSOLVENCY (BANKRUPTCY)

    1. V.S. Belykh belykhvs@mail.ru Institute of insolvency (bankruptcy) in the modern Russia and some foreign countries

    Abstract: The article compares the institute of insolvency (bankruptcy) in Russia and some foreign countries. In particular, the author analyses the doctrinal systems of legal regulation of insolvency as well as such important phenomena as national economy, an integrated (inter-branch) nature of the institute of insolvency (bankruptcy). The article also considers the main legal acts on insolvency (bankruptcy) in England, USA and continental Europe countries. At the end, the author makes several conceptual conclusions. For example, the author offers to elaborate a scientifically grounded state law concept of developing insolvency (bankruptcy) legislation.

    Keywords: insolvency (bankruptcy), legal institute of insolvency, systems of legal regulation of insolvency, main legal acts on insolvency in England, USA and European countries, pro-creditor and pro-debtor concepts of insolvency.

     

    2. I.V. Gorbashev gorbashev_iv@vsrf.ru Historical transformation of the bankruptcy paradigm as a necessary prerequisite to recognize a group of persons insolvent

    Abstract: The understanding of bankruptcy has been transformed throughout the centuries from “personal and corporal” liability to property liability. Based on this assumption, nowadays bankruptcy is viewed as a certain state not of the debtor as such, but of their property. Such a shift in understanding insolvency enables to a certain extent to break the link between the very procedure and the personality of the debtor and put the question of allocation of assets in the first place. Considering insolvency from such an angle makes it possible to analyze the possibility of holding several debtors insolvent.

    Keywords: bankruptcy, insolvency, “personal and corporal” liability, property liability, the state of property, de-personalization of the procedure, a group of persons, corporate groups.

     

    3. V.Kalugin kalugin2006@yandex.ru Debt cancellation as a bankruptcy procedure result

    Abstract: The article is devoted to the issues of debt cancellation as a bankruptcy procedure result.

    Keywords: bankruptcy, debt cancellation.

     

    4. M.A. Slavich mslavich@yandex.ru The special role of the public law company “Fund for the Protection of the Rights of Citizens - Participants in Shared Construction” in the bankruptcy case of the organization-developer

    Abstract: The article reveals the legal provision of the public law company “Fund for the Protection of the Rights of Citizens - Participants in Shared Construction” as part of the bankruptcy procedure of the organization-developer. The author considers the position of the Fund as a participant in the bankruptcy case of the organization-developer, as well as a person who plays a leading role in the implementation of special procedures in the framework of bankruptcy of developers, through which the requirements of construction participants are met.

    Keywords: bankruptcy, organization-developer, Fund, special procedures, object of construction.

     

    ECOLOGICAL LAW

    5. R.N. Salieva sargus6@yandex.ru Unified scientific and technical policy as a basis for the development of scientific and technical cooperation between the Russian Federation and the CIS countries, the EAEU in the field of nature management and environmental protection

    Abstract: Based on the analysis of the current Russian legislation and existing scientific approaches, the author reveals the content of the term “state scientific and technical policy”, as well as the content of the concept “unified scientific and technical policy”. Relying on the analysis of the content of the legal definition of the term “state scientific and technical policy”, as well as the analysis of program and other documents, the author identifies the main elements of scientific and technical policy. Based on the analysis of agreements and documents adopted at the level of various bodies of the CIS and the EAEU, it is revealed that participants use various forms of state support and measures to stimulate scientific, technical and innovative activities, as well as various forms of scientific and technical cooperation: Eurasian technology platforms; agreements on cooperation in the field of fundamental science of the CIS member states, etc. One of the variants of development of scientific and technical cooperation is the formation of a uniform scientific and technical policy, on the basis of which it is possible to further technical and scientific cooperation in different sectors, including in fuel and energy industries on issues of rational nature management, ecology and environmental protection. The formation of a unified scientific and technical policy of the States that are members of the integration associations of the CIS and the UES seems appropriate on the basis of common principles of scientific and technological development.

    Keywords: unified scientific and technical policy; state scientific and technical policy; industrial policy; scientific and technical activity; innovative activity.

     

    6. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of establishing the boundaries of a water body

    Abstract: The authors focus on the issue of establishing boundaries of a water body and come to the conclusion that such terms as “coastline” and the boundaries of a water body are identical terms. They also analyze the procedure of establishing the boundaries of a water body and judicial practice on the issue.

    Keywords: water body, boundaries of a water body, coastline, coastal strip

     

    STUDENT SCIENCE

    7. M.A. Zverev mzverev2000@gmail.com Trends in developing administrative reform by the example of reforming the system of federal executive bodies

    Abstract: The article analyzes such a complex and relevant phenomenon of administrative reality as an administrative reform: its legal nature, problematic points, and doctrinal approaches to the essence of administrative reform. Administrative reform is understood as a system of measures to improve the structure of executive bodies and create conditions for effective performance of their functions. The article also examines the foreign experience of administrative reform, which shows that administrative reform should be comprehensive, aimed both at reducing state pressure on the economy, and at increasing the efficiency of government bodies, and at creating a transparent system that would allow citizens to defend more effectively their rights. The author analyzes doctrinal approaches to the tendencies of administrative reform and proposes a comprehensive approach to understanding the tendencies of administrative reform. The author also analyzes the problem of legal regulation of the structure and system of activity of federal executive bodies and proposes to adopt a separate federal law. Particular attention is paid to the main regulatory legal acts in this area in order to understand the direction of reforms of this kind in modern Russia.

    Keywords: administrative reform, federal executive bodies, separation of powers, centralization, decentralization, public service.

  • Business, Management and Law
    No. 2 (2020)

    CIVIL LAW AND ENTREPRENEURIAL LAW

    1. A.V. Zolotuhin mczolotoy@rambler.ru On the issue about the aleatory nature of the entrepreneurial risk coverage contract

    Abstract: The article examines the legal nature of entrepreneurial risk coverage contract from the position of its aleatory character. It contains scientific statements which reflect two approaches to aleatory nature of the insurance contract i.e. recognizing and denying the aleatory nature of the said contract construction. In his study, the author goes along with the group of researchers that recognize the aleatory nature of entrepreneurial risk coverage contract. He makes a conclusion that the estimation of probabilities underlines the insurance as economic activity but not in contractual relations of the insurer with an individual insurant. The very aleatory nature of the entrepreneurial risk coverage contract gives rise to the estimation principle of insurance. Herewith, the author allows the existence of insurance contracts without aleatory component which include accumulative insurance contracts.

    Keywords: entrepreneurial risk coverage contract, aleatory character, risk contract, accumulative insurance contract.

     

    2. T.I. Sultanova sultanova77@mail.ru Forms of entrepreneurship organization in the republic of tajikistan and limits for freedom to choose them

    Abstract: Based on the current legislation analysis of the Republic of Tajikistan, the article considers the present limits for the freedom of choice and forms of entrepreneurial activity organization. Expressing generally affirmative position concerning the existent restrictive measures caused by the need to protect the economic turnover, rights and legitimate interests of other persons, the author expresses negative attitude towards the requirements provided by the tax legislation that make the right of citizens to be engaged in entrepreneurial activity and to choose the form for the organization of this entrepreneurial activity dependent upon the entrepreneur’s income status. Within the limits of the article, the author answers the question concerning the extent to which the fiscal aim can be fundamental and single ground in respect to the choice of entrepreneurial organization form, and the extent to which setting this restriction regime is the sphere regulated by the tax legislation.

    Keywords: entrepreneurial activity, forms of entrepreneurship organization, individual entrepreneur, entrepreneurial activity without establishing a legal entity, freedom of entrepreneurial activity, restrictions for the principle of freedom of entrepreneurial activity

     

    3. N.V. Rubtsova rubtsova@yandex.ru Entrepreneurial = professional activity: pro et contra

    Abstract: The article is devoted to research of correlation between entrepreneurial activity and professional activity. The positions of “for” and “against” identification of the said types of activity are analyzed. Special attention is given to the study of professionalism as a doctrinal essential character of entrepreneurial activity. Based on the conducted research the conclusion is made that entrepreneurial activity and professional activity cannot be regarded as identical notions.

    Keywords: entrepreneurial activity, professional activity, activity, doctrinal feature.

     

    4. M. Bazhina mashsol@mail.ru, E.P. Shekochihina helena271@rambler.ru Prospects of the development of legal regulation of multimodal carriages in Russian Federation

    Abstract: The article deals with the main problems that concerns the legal regulation of multimodal carriages in Russia. Authors outline several aspects such as the confusion of notions used in the transport legislation, the absence of the single document provided for the multimodal carriage and the legal regulation of the participant who would be responsible for the whole transport of goods.

    Keywords: multimodal transportation, single document of carriage, notion, the forwarder, the forwarder-principal, the operator.

     

    5. K.A. Mihalyev mikhalev.upd@gmail.com, E.V. Vitman vitmanev@gmail.com, R.B.Bruyhov brukhovr@gmail.com Challenges in executing options in corporate transactions

    Abstract: The article is devoted to the practical issues of the execution of corporate option agreements - the new type of contract in Russian civil law. The following issues were explored: a mechanism of exercising the option agreements about non-public companies stocks; alienation of the shares to a third party; conditions of the property transactions.

    Keywords: corporate law; option agreement; commercial register; stock; share.

     

    LAW AND DIGITAL ECONOMY

    6. V.S. Belykh belykhvs@mail.ru, K.A. Kon’kov kir-konkov@yandex.ru, M.O.Bolobonova mbolobonova@bk.ru Problems of improving antimonopoly legislation in the digital economy: controversial issues of theory and practice

    Abstract: The article analyzes the current problems of the application of antimonopoly legislation in the digital economy. Such problems of legal regulation of the activities of digital platforms, determination of the dominant position in digital markets are considered. The authors indicate the directions of improving the antimonopoly legislation in this area.

    Keywords: digital Platforms, Digital Markets, Antitrust Regulation, Network Effects, Antitrust Compliance, Big Data.

     

    7. M.O.Bolobonova mbolobonova@bk.ru Problems of improving antimonopoly legislation in the digital economy: controversial issues of theory and practice

    Abstract: The article is devoted to the issue of legal regulation of «big data». The definition of «big data» is given, their relationship with personal data and information in general is considered. The types of big data, their areas of use are highlighted, the main problems arising from their use are analyzed. The main models of legal regulation of big data, data exchange and cross-border data circulation are revealed, depending on the type of digital platforms.

    Keywords: big data, personal data, digital platforms, digital economy, antitrust regulation, cross-border data exchange.

     

    8. M.O.Bolobonova mbolobonova@bk.ru, Хрупалов В.А. v.khrupalov@mail.ru Legal regulation of data exchange in the activities of digital platforms: controversial issues of theory and practice

    Abstract: Recently, artificial intelligence has been attracting ever-growing interest of legal scholars. In the article, the author considers the approaches of transnational corporations in relation to artificial intelligence, since such corporations, possessing enormous scientific and material potential, significantly brought the Future closer. The study of these approaches seems important, since transnational corporations have a significant impact on the global economy and the legal regulation of public relations. It is concluded that the examined declarative documents of corporations will be the basis for regulatory acts of different countries and their associations in the field of artificial intelligence.

    Keywords: artificial intelligence, principles of use, corporations, ethical standards, legal regulation.

     

    ENVIRONMENTAL LAW

    9. E. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of ensuring the realization of the principle of land division according to the intended use by the provisions of the RF Code on Administrative Offences

    Abstract: In their article, the authors examined the issues that can arise while ensuring the principle of land division according to the intended use by the provisions of the RF Code on Administrative Offences.

    Keywords: land legal relations, categories of land, division of land according to intended use, administrative liability for landrelated offences

     

    ENERGY LAW

    10. A.M. Shafir shafir07@mail.ru Consumer of energy resources as energy supplying organization

    Abstract: In energy supply, a unique economic and legal model is being formed, when the consumer of energy resources not only uses the energy received from the energy supplying organization, but also participates in the process of energy generation and thus can act as an energy supplier in contractual relations with the energy supplying organization and even receive remuneration for this, turning the process of energy supply is, in fact, cooperation, joint activities of energy producing and consuming entities. Energy supply is defined not only by extention of relations in the sphere of production (supply) to the sphere of energy consumption, but also by the reverse process – participation of the energy consuming entities in production of energy and, hence, extention of competence of consuming entities to the sphere of production (supply). Economic and legal process of energy supply is, in fact, cooperation, joint activity of energy producing and energy consuming entities.

    Keywords: Energy, energy resources, the subject of economic relations of energy supply, energy consumption, cooperation of producer and consumer of energy resources.

     

    CRIMINAL LAW

    11. V. Kalugin kalugin2006@yandex.ru Using the bankruptcy legislation in the criminal law spere

    Abstract: The article is devoted to issues of harmonization of bankruptcy legislation, criminal legislation, criminal procedural legislation and criminal executive legislation.

    Keywords: bankruptcy, criminal liability of debtors, exemption from punishment.

  • Business, Management and Law
    No. 1 (2020)

    CONSTITUTIONAL ECONOMICS

    1. V.S. Belykh belykhvs@mail.ru Thoughts and reflections about constitutional reform: socioeconomic aspect

    Abstract: The article considers some amendments to the RF Constitution especially those which are directly connected with the economy and social development of the society. The author thinks that several provisions of the Constitution need additional examination and correction. Particularly, the article analyzes paragraph 2 Article 8 of the Constitution which concerns the forms of property. The term of so-called «other forms of prop[1]erty» raises questions in practice. Then the author proposes to amend the Constitution with a norm about rental income incurred from the use and realization of natural resources. Rental income must belong to Russian citizens from birth. At the end of the article the author turns attention to the theme about national idea of Russia which has found no reflection in the amendments to the Constitution. The author thinks that in modern conditions of state and society development the theme about national idea is very topical!

    Keywords: RF Constitution, amendments to the Basic law, forms of property, rental income, national idea.

     

    2. S. N. Shishkin sergey.n.shishkin@gmail.com Legal analyses of the economy: setting a problem, constitutional criteria

    Abstract: The article substantiates the need for the theoretical concept “legal analysis of the economy”, defines the grounds, aim, and criteria of the said concept. The author examines such scientific directions as “economic analysis of law” and “constitutional economics” and makes a conclusion that the legal analysis of the economy develops the positions and ideas of constitutional economics. The constitutional objectives, values and principles can be used as criteria used in implementing legal analysis.

    Keywords: economic analysis of law, constitutional economics, legal analysis of economy, aim of law, value of law, principle of law.

     

    3. A.S. Suhorukov suhorukovS@mail.ru Problems of legal regulation of competition in the Sverdlovsk region in the context of constitutional reform

    Abstract: The article examines the problems of legal regulation of competition in the Sverdlovsk region in the context of constitutional reform. The relevance of this research is determined by the development of competi[1]tion in our country and its importance for the domestic economy. The purpose of this article is to reveal the content of the constitutional regulation of competition and determine its significance for regional competition regulation, as well as to identify problems of legal regulation of competition in the Sverdlovsk region. The article reveals the content of the constitutional regulation of competition and highlights its components. The definition of the constitutional bases of competition and the constitutional right to competition is given. The structure of legislation of competition is disclosed. In connection with the constitutional reform, an analysis of the features of the constitutional consolidation of provisions on the differentiation of subjects of jurisdiction between the Russian Federation and its subjects in the field of legislation of competition was carried out, and problems of legal regulation were identified. An overview of the planned changes to the Constitution of the Russian Federation in the sphere of economic relations most closely related to competition is presented. The article also contains proposals for improving the current federal and Sverdlovsk region legislation on competition.

    Keywords: Constitutional regulation of competition, constitutional bases of competition, constitutional right to competition, legislation of competition, standardof competition development.

     

    ENTREPRENEURIAL LAW

    4. N.N. Nadezhin ar_shadow@mail.ru Freedom of entrepreneurial activity: problems of civil law provision

    Abstract: The article examines the influence of legislative, executive, and judicial state authorities on the development of entrepreneurial law in Russia. All of them have a wide competence in regulating various issues of entrepreneurship but use different methods which depend upon many factors. At present, there are no common requirements to methods or system of legal impact on entrepreneurship. The author thinks that the transition of constitutionally stated but not disclosed from the point of meaning “economic freedoms” of entrepreneurial activity into the branch legal guarantees would allow enhancing the model of legal regulation of entrepreneurial activity and ensure more freedom and efficiency.

    Keywords: entrepreneurial activity, economic activity, legal regulation of entrepreneurial activity, legislation on entrepreneurial activity, limits of state influence on economy and entrepreneurship

     

    5. N. Arkhiereev nick.mr@rambler.ru Practice and initiatives of transnational corporations in relation to artificial intelligent systems

    Abstract: Recently, artificial intelligence has been attracting ever-growing interest of legal scholars. In the article, the author considers the approaches of transnational corporations in relation to artificial intelligence, since such corporations, possessing enormous scientific and material potential, significantly brought the Future closer. The study of these approaches seems important, since transnational corporations have a significant impact on the global economy and the legal regulation of public relations. It is concluded that the examined declarative documents of corporations will be the basis for regulatory acts of different countries and their associations in the field of artificial intelligence.

    Keywords: artificial intelligence, principles of use, corporations, ethical standards, legal regulation.

     

    6. S.I. Vinichenko 89122630078@bk.ru Influence of stock market mechanism on option constructions in the RF Civil Code

    Abstract: The article examines option, reveals its specific features and shows the receptions of the RF Civil Code of some modern economic and juridical practice. The issue on amending the content of the RF Civil Code is raised.

    Keywords: option, option on concluding the contract, option contract

     

    7. V.A. Zaporoschenko zva-1980@bk.ru Legal nature of OTC contracts

    Abstract: The article examines OTC contracts, reveals their specific features and peculiarities that distinguish them from exchange contracts. The article focusses on the specifics of legal regulation of OTC contracts.

    Keywords: exchange contract, OTC contract, organized tender, object of OTC contract.

     

    ENVIRONMENTAL LAW

    8. I.A. Ignatyeva igna123@rambler.ru The legal protection of the Arctic nature and implementation of the best available technologies.

    Abstract: The article draws attention to the need for enhanced measures to protect vulnerable Arctic nature. The encouragement by the state of the introduction of the best available technologies by nature users, carrying out business or other activities in the Arctic, at facilities classified as category I could be one of such measures. It is proposed to expand accordingly the list of indicators for classifying objects negatively affecting the environment as category I objects. It is necessary to take into account the fact that the object is located in the Arctic zone of the Russian Federation and other territories with a specific environmental protection regime.

    Keywords: Arctic zone of the Russian Federation, the best available technologies, Arctic fragile environment

     

    9. E. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of possibility to file a re-claim on recognition of property rights for the object of unauthorized construction to court

    Abstract: The authors consider the issue concerning the possibility to file a re-claim on recognition of property rights for the object of unauthorized construction on condition that the court has dismissed the previous claim.

    Keywords: object of unauthorized construction, recognition of property rights, re-claim

     

    10. E.P.Pelvitskaya pelwi@yandex.ru On the issue of recovering unjust enrichment in case of actual withdrawal (occupation) of land plot for state and municipal needs

    Abstract: The article examines issues about the legal nature of unjust enrichment obligations and their correlation with losses in cases connected with actual withdrawal of land plots and about improper defendant in such type of disputes. In cases of actual withdrawal (occupation) of land plots on a claim of a private owner, the courts implicitly recover losses in amount equal to the market value of the real property directly from the public formation for whose aims the land plot has been withdrawn. The courts often dismiss the requests for recovery of unjust enrichment for the period of actual use of withdrawn (occupied) land plot even in case the fact of breaching the procedure of withdrawal by the public formation has been proved.

    Keywords: withdrawal of land plots for state and municipal needs, private ownership, unjust enrichment, losses

     

    PROSECUTOR’S SUPERVISION

    11. V. A. Chukreev prnad@usla.ru On the issue of prosecutorial supervision of the implementation of legislation on countering extremism and terrorism

    Abstract: The article discusses the problems that arise in the implementation of prosecutorial oversight of the implementation of legislation on countering terrorist and extremist activities; proposals are formulated to amend and supplement the law on countering terrorism and the law on countering extremist activity.

    Keywords: Terrorism, terrorist act, extremism, extremist activity, prosecutor, prosecutor’s supervision, legal means of the prosecutor, acts of prosecutorial response.

     

    TRIBUNE OF YOUNG RESEARCHERS

    12. M. Slavich mslavich@yandex.ru Financing activities to complete the construction of the objects of organization-developer in bankruptcy proceedings

    Abstract: The article reveals the content of special procedures during the bankruptcy of organization-developer for financing the construction of projects under construction. The procedure and conditions established by the Law are considered. Ways of improvement of separate norms are offered.

    Keywords: bankruptcy, organization-developer, financing, construction in progress, procedure, object of construction.

     

    13. N.V. Markevich markevich.natalia1995@gmail.com Contracts in the sphere of carriage by air: notion and basic features

    Abstract: The article analyzes the notion and specific features of the existing contracts in the sphere of air transportation, correlation between the contracts in the sphere of carriage by air depending on the type of transportation as well as the specific features of agency contract of aviation work. The author names the basic elements and legal nature of each contract and specifics of their understanding and practical use.

    Keywords: carriage by air, contract of carriage by air, air transportation contract, air charter, agency contract of aviation work.