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

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