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

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