No. 4 (2023): Business, Management and Law

BUSINESS AND SCIENCE NEWS

50" Anniversary of the Business Law Department

Foresight session "Financial Market of the Future: Challenges and Opportunities of Digitalization"

 

PUBLIC LAW

 

Paramonova S. P. On the issue of the essence and characteristics of legal presumptions

Abstract. This article considers the category of "general assumption", which underlies the understanding of the essence of legal presumptions, and also identifies the essential characteristics of legal presumptions. Based on the analysis of doctrinal sources, the author establishes that presumptions operate not only in the sphere of law, but also in various fields of knowledge. At the same time, legal presumptions operating in law differ from general assumptions applied outside the legal field by important qualitative characteristics, including, in particular, the normative nature of legal presumptions and the presence of a legal presumption of the object of the assumption - a specific legal fact, rebuttability of the presumption. The author considers the acceptance by the court, when considering a case, of a presumed fact associated with the fact that is the basis of the presumption without a proof procedure, as a means of procedural economy.

Keywords: legal presumptions; evidence; rebuttability of presumption; presumed fact; legal proceedings

 

Kozhevnikov O. A., Krysanov A. V. The legal status in Russia of persons without a fixed place of residence and certain issues of protection of their rights by the Constitutional Court of the Russian Federation .

Abstract. In the proposed article, based on the study of normative legal material and other documents, some aspects of the legal status of persons without a fixed place of residence in the Russian Federation are investigated, a generalization and analysis of the federal constitutional and legal practice of protecting their rights is carried out. The authors draw attention to the conditions that hinder the development of the institution of judicial protection of the rights of homeless by the Constitutional Court of the Russian Federation, thesis on the importance of strengthening the role of authorized state authorities, first of all, the executive branch, according to the formation of such law enforcement practice, which would be maximally aimed at protecting the rights of citizens who are permanently and temporarily homeless, since it is the rights and freedoms of man and citizen, regardless of any social differences, that determine the meaning, content and application of laws, the activities of legislative and executive authorities, local self-government.

Keywords: Constitution of the Russian Federation; Constitutional Court of the Russian Federation; persons without a fixed place of residence; homeless

 

Ruf V. S., Nechkin A. V. Specialized bodies of constitutional control in Russia and Kazakhstan: a comparative analysis of the order of formation and the basics of functioning

Abstract. Article provides a comparative analysis of the order of formation, composition, powers of the Constitutional Court of the Russian Federation and the Constitutional Court of the Republic of Kazakhstan, subjects who have the right to appeal to these bodies, as well as bodies providing organizational, material, technical and other support for constitutional control bodies. The main prerequisites for the creation of an independent body of constitutional judicial control are indicated. Normative and scientific sources devoted to the peculiarities and procedure of formation of constitutional control bodies in the countries of the Commonwealth of Independent States are investigated. The features of the Constitutional Council that previously functioned in the Republic of Kazakhstan are considered, certain provisions of the organization and activities of which predetermined the image of the Constitutional Court of the Republic. A brief history of interaction between the two neighboring states is presented. The relevance of the comparative analysis of the supreme state bodies of constitutional control within the framework of Eurasian integration is substantiated, including at the level of developing common standards of the state structure: legislative, executive and judicial authorities. The limits of borrowing of certain regulations that predetermine the organization and functioning of the Constitutional Court of the Russian Federation when creating the Constitutional Court of Kazakhstan are pre-sented. Conclusions are drawn about the peculiarities of the organization of the new supreme judicial body of constitutional control in the Republic of Kazakhstan.

Keywords: Constitution; Constitutional Court of the Russian Federation; Constitutional Council of the Republic of Kazakhstan; Constitutional Court of the Republic of Kazakhstan; composition; powers; formation procedure

 

 

Sevryuk D. V. Impact of digital transformation and information society development on ensuring state sovereignty Suhorukov A. S. Features of the protection of competition by regional constitutional justice bodies

Abstract. The information society is a new reality in which modern States exist. The rapid development of digital technology has led to the need to transform the already familiar structures of social relations. A key role in this process is assigned to the State as the bearer of sovereignty and the regulator of social relations. One of the key processes in this area is the digital transformation of these relations, including public administration. Modern States and communities of such States are called upon to fulfil their information function in new circumstances by establishing a new domestic and global information policy

Keywords: digitalization; automation; informatization; digital transformation; state sovereignty; information society

 

Aleksandr S. Suhorukov. Features of the protection of competition by regional constitutional justice hodies

Annotation. The article examines the features of the protection of competition by regional constitutional justice bodies. The relevance of this research is determined by the development of market relations within the framework of the ongoing constitutional reform in the Russian Federation and the definition of a new role of the constitutional (statutory) councils of the subjects of the Russian Federation in the system of state authorities of the subjects of the Russian Federation and the mechanism for the protection of human and civil rights and freedoms. The purpose of this article is to reveal the specifics of the protection of competition and the constitutional right to competition by the constitutional (statutory) courts of the subjects of the Russian Fed-eration, as well as to assess the prospects for the protection of these constitutional categories by the constitutional (statutory) councils of the subjects of the Russian Federation, to identify problems in their protection within the framework of constitutional control at the level of the subjects of the Russian Federation and to develop proposals for improving legislation in part creation of real and effective mechanisms for the protection of competition and the constitutional right to competition. The article analyzes the problems of creation and activity of constitutional (statutory) councils of subjects of the Russian Federation, as well as powers in the field of protection of competition and the constitutional right to competition, formulated proposals for improving the current legislation.

Keywords: competition; protection and development of competition; constitutional right to competition; constitutional (statutorv) courts of subjects of the Russian Federation; constitutional (statutory) councils of subjects of the Russian Federation

 

CIVIL AND BUSINESS LAW

 

Vagina O. V., Gaevskaya E. Yu., Gerasimov O. A. National Security Strategy in the Mechanism of Interacting between Real and Financial Sectors of the Economy

Abstract. The effectiveness of legal regulation of social relations is determined by the criteria and indicators characterizing the ratio between the goals and the results of such legal impact on the economy and business. The author concludes that the interaction of two economy sectors that provides sustainable development of the real sector of the economy will be the criterion of the effectiveness of legal regulation of entrepreneurial activity in the financial sector of the economy. In turn, the authors attribute the following phenomena to the indicators of the effectiveness of legal regulation of entrepreneurial activity in the financial sector of the economy: gross domestic product; "efficiency of the Russian economy".

Keywords: national economy; financial sector of economy; real sector of economy; life cycle of production infrastructure; investment; investment activity; investment contract; efficiency of legal regulation

 

Latyev A. N. On the conditionality of the boundaries of subjects of property relations (continuation of the article)

Abstract. The article is devoted to the issue of determining the boundaries of the property sphere of participants in civil rela-tions, 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

 

Kutsurubova-Shevchenko H. V., Kutovaya I. Ed. From economic law to business law: experience of the Lugansk People's Republic

Abstract. The article is devoted to the study of the process of transition from economic law to business law in the territory that was part of Ukraine, and then an independent state. The article gives a brief overview of the Donetsk school of economic law. the effectiveness of the rules of the Economic Code in Ukraine, the problems of its operation in the Lugansk People's Republic.

Keywords: economic law; business law; Lugansk People's Republic; Economic Code Ukraine; school of economic law; economic activity

 

Slavich M. A. Legal nature of replacement of the developer in the case of insolvency (bankruptcy) of the developer Slobodyanyuk A. P. Persons controlling a corporation and persons entitled to make a profit on the results of its activity: comparative legal analysis

Abstract. The provisions of the legislationwere supplemented with norms providing for such a way to meet the requirements of construction participants as transferring the rights and obligations of the developer to another person (replacing the organization-developer) in 2015. Based on the results of the analysis of the legislation, conclusions are drawn that the transfer of the rights and obligations of the organization-developer to the acquirer is the transfer by virtue of the law to a new developer (acquirer) of the debtor's contracts (transfer of the contract); a legal remedy that is a type of such a method of protection rights as a change in a legal relationship; the basis for the emergence of ownership of a land plot/an object of unfinished construction from a court deci sion (definition) that is not provided for by the general provisions of civil legislation; one of the cases of using legal fiction in law.

Keywords: bankruptcy; organization-developer; participant in shared construction; satisfaction of the claim; replacement of the organization-developer developer

 

Alexander P. Slobodyanyuk ‘Persons controlling a corporation and persons entitled to make a profit on the results of its activity: comparative legal analysis’

Abstract. The control over a corporation is a defining aspect in many legal relationships, including the establishment of subsidiary relationships, tax, antitrust, bankruptcy and sanctions regulation, as well as in the anti-money laundering and anti-terrorist financing legislation. It is important not to allow the intermixture of those persons, who make a profit on the results of the activities of a corporation, and those, who control the activities of the latter, as those are not always the same persons. In this article we make an attempt to consider some of the grounds for the origin of the corporate control and the right to make aprofit on the results of the corporation's business activities, to identify certain ways of building a corporate structure in which a person who has the right to make aprofit on the results of the corporation, will not have the actual control over its activities and vice versa.

Keywords: corporation; corporate control; controlling person; beneficiary; profit sharing; right to profit; trust; discretionary trust

 

EMPLOYMENT LAW

 

Koval' V. P. Structure of the legal position of the Supreme Court of the Russian Federation on labor disputes

Abstract. The concept of "legal position", which is widely used, is not abstract - on the contrary, it has a certain content and structure, which vary depending on the type of legal position. One of the types is the legal position of the Supreme Court of the Russian Federation on labor disputes. It is generally recognized that legal positions have a direct impact on legislation and law enforcement. It is necessary to understand, firstly, what has an influence (structure of a legal position); secondly, how this influence is exerted (functions of a legal position). The answer to the first question is the purpose of this article. Structural and functional analysis of the legal position helped to reveal the content of its elements with the involvement of law enforcement practice on labor disputes. Using examples from practice it is shown that the structure of a legal position depends not only on the judicial act in which it is enshrined, but also on the type of legal activity of the court. The author developed the structure of the legal position of the Supreme Court of the Russian Federation on labor disputes; made practical recommendations.

Keywords: legal position; labor dispute; court decision; court ruling; court order

 

URBAN PLANNING, LAND, ENVIRONMENTAL LAW

 

Savvina L. Ya. About some legal aspects of the assignment of land plots to specially protected territories

Abstract. In the land, town planning and other legislation of the Russian Federation, the legal regulation of relations regarding "specially protected areas" is increasingly being developed. The classification of land plots as specially protected areas entails a number of legal consequences, including the establishment of additional restrictions and prohibitions regarding economic and other exploitation of the land. At the same time, the very concept of such territories has not received legislative recognition. There is no unified approach in determining their features (characteristics). And only in the Land Code of the Russian Federation the phrase "specially protected areas" is applied to one of seven categories of land. This article analyzes and summarizes the provisions of the legislation of the Russian Federation on "specially protected areas"'. The study identifies general and special characteristics of the named territories, the purposes of their creation, as well as the categories of lands within which they can be located. The author proposes a definition of the concept of "specially protected areas", taking into account the named characteristics and purposes of creation. Next, a conclusion is drawn about the possibility of locating these territories within various categories of land and the content of their legal regime.

Keywords: specially protected areas; land plots; categories of land; specially protected natural areas; zones with special conditions for the use of territories; legal regime of lands

 

INTERNATIONAL AND COMPARATIVE LAW

 

Khazanov S. D., Lifanov D. M. Legislation on extraordinary (special) legal regimes of the member states of the Commonwealth of Independent States: comparative legal analysis (part 2)

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 Statescoun-tries, comparative legal research, administrative and tort legislation

The publication was prepared within the framework of the scientific project "Extraordinary legal regimes of public administration: problems of improving legislation and law enforcement practice"

 

Shakhnovskaya I. V. Digitalization in the Republic of Belarus: constitutional and legal aspect

Abstract. This article discusses the formation of the term «digitalization»: from the technical aspect to the transition to the level contesis are formetearch. the mere earne construstin a ieat in tid ons, ones in hestion of of sustic of constrtutional legal regulation, on the widening gap between the actual and real constitution under the influence of digital processes. Special attention is paid to the evolutionary development of constitutional law in the normative and doctrinal aspect. The article focuses on the transformation of public administration associated with the increasing role of civil society and various electronic associations in the process of making nationally significant decisions.

Keywords: digitalization; subject of constitutional legal regulation; digital rights; information sovereignty; digital state; electronic associations; national statehood; evolution of constitutional law

 

INVITATION TO DISCUSSION

 

Gaida A. V., Dubichev V. R. The state as the most important value of the ideology of Russia

Abstract: This article considers the system of organization of power of the Russian Federation in connection with the need to strengthen the role and place of the Russian state in the fight against global, civilizational and national challenges.

Keywords: state; ideology of Russia; public power; civil society; local government

 

TRIBUNE OF THE YOUNG RESEARCHERS

 

Mindibaeva M. R., Pitirimova A. O. "Experiment" by O. A. Krasavchikov Ebergardt S. A. LegalTech in Russia: current state and prospects for development

Abstract. This article analyzes the influence of the scientific works of October Alekseevich Krasavchikov on modern science and enforcement practice. In particular, such a concept as an experiment is considered. The importance of experimentation for science in general, as well as law enforcement practice, is revealed. The problematic aspects of understanding the experiment in various fields of science are highlighted. As a result, the question of the possibility of applying the experiment in the legal sphere is raised. The authors conclude that the application of the experiment in law enforcement practice will be successful if the "complex procedure" is followed.

Keywords: O. A. Krasavchikov; experiment; experimentation; experimental legal regime

 

Semyon A. Ebergardt  LEGALTECH IN RUSSIA: CURRENT STATE AND PROSPECTS FOR DEVELOPMENT

Abstract. The development of digital technologies has led to an increased interest in automating and optimising processes in var ious areas, including legal. The complexity of legal procedures, growing volumes of information and high demands for speed of response push us to search for new effective solutions that will help us cope with modern challenges. In this context, LegalTech is becoming a necessity for the legal community. We aim to provide a comprehensive analysis of the current state of the legal technology market and explore the prospects this field presents for further development and improvement. The author names the world's LegalTech leaders and assesses the degree of development of this market in Russia. The author identifies the advantages of automation and optimisation, and outlines the factors slowing down the development of the LegalTech market. The paper discusses in detail the existing technological solutions already used in the legal sphere and identifies the key trends in this area. In the author's opinion, the paper should be of interest both to lawyers who are potential users of legal technology and to organisations involved in the development and implementation of technological solutions in the legal sphere.

Keywords: LegalTech; automation and optimisation of legal processes; technology; artificial intelligence

 

Borisova N. S. Digital technologies in law: LegalTech

Abstract. The active development of digital technologies, the complication of public relations need to change approaches to the legal regulation of individual legal institutions. According to the Program for fundamental scientific research long term 2021-2030 by order of the Russian government, transformation of the legal paradigm in the digital economy, legal regulation of high technologies development of technological business and creation of comfortable jurisdiction for the global technological leadership of the Russian Federation is priority scientific directions in the field of jurisprudence. Introduction and using of innovative technologies in legal practice and public administration. The article considers the approaches of scientists to the definition of the terms LegalTech and LawTech, mechanization and automation of law. Based on the analysis of Russian and foreign literature, the stages of development of legal technologies.

Keywords: digital technologies; optimization of legal processes; legal services; data processing; legislation as code; automation of law; machine-readable law; ontology of law; legal technology; LegalTech; Law Tech; artificial intelligence

 

Fetisov V. B. On the question of the legal nature of compensation for environmental damage

Abstract. The article examines the issue of determining the legal nature of compensation for damage caused to the environment as a measure of responsibility, in the context of the correlation of the characteristics of the institution in question with the signs of civil and public liability. The practice of interpretation and application of this institution in Russian law is considered, on the basis of the features identified in science and practice, a conclusion is made about the civil nature of compensation for environmental damage.

Keywords: environment; compensation for harm; environmental harm; liability measures; civil law; public law; overcompensation

 

MEMORY

Memories of the Teacher. Valentin Karlovich Mamutov - outstanding economist and lawyer (to the 95" anniversary)