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

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