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

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