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

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.