No. 1 (2024): Business, Management and Law

DIGITALIZATION OF ECONOMY AND ARTIFICIAL INTELLIGENCE

Belykh Vladimir S. Topical Problems of Improving Civil and Business Legislation in the Conditions of Digitalization of Economy and Business 

Abstract. The article deals with some issues of improving civil and business legislation in the conditions of digitalization of economy and business. In particular, the author names different directions of “commercialization” of civil legislation. One of them is freedom of economic (entrepreneurial) activity, i. e. a fundamental principle of civil law. The second direction is the legalization of digital business in the Civil Code of the Russian Federation. Improvement of corporate legislation is the next direction. We are talking about holdings, concerns, consortiums, pools and other entrepreneurial associations. Entrepreneurial associations are a topic of complex (inter-­ sectoral) regulation; it does not fit into the structure and concept of the Civil Code of the Russian Federation. Nevertheless, the author of the article proposes to include a separate chapter in the structure and the concept of the Civil Code, which would regulate the legal status of such associations. Further, the article notes that the legal regulation of the stock market lags behind the real sector of the economy and is not an objective indicator of its condition. In conclusion, the article analyzes the concept of “entrepreneurial contract”, as well as its features.

Keywords: civil and business legislation; freedom of economic activity; business associations; securities; stock market; business contract; electronic transactions; electronic documents

Arkhiereev Nikolai V.   Current Problems of Using Artificial Intelligence in Business Relations

Abstract. The importance and usefulness of artificial intelligence have been discussed in recent years both in doctrine and in practice. This article focuses on the problems that may arise when using artificial intelligence in entrepreneurial relationships. One of them is the reduction of staff and number of personnel related to automatization of certain processes. The next problem is of doctrinal nature. It lies in the lack of a clear legislative framework that would distinguish between the automatization of certain processes of economic activity and the work of artificial intelligence. Further, the article considers artificial intelligence as a certain tool for managing enterprise and entrepreneurial risk. In conclusion, the author proposes to amend the current legislation related to the use of artificial intelligence.

Keywords: artificial intelligence; legal regulation; legislation; business relations; business risk; technology

Serova Alena V. On the issue of Machine- Readable and Machine-Executable Employment Law 

Abstract. The development of the digital economy contributes to meeting the needs of society and the state in ensuring law and order through the use of digital technologies to create and implement employment law norms. The article analyzes the semantic meaning of the concept of "machine-readable and machine-executable employment law", and problems and prospects of its development. At the same time, special attention is paid to such concepts as artificial intelligence, electronic document management in the field of labor relations. The author of the article notes that labor legislation contains shortcomings in the field of conceptual apparatus, as well as other defects, for example: shortcomings, contradictions, imperfection of labor law norms and apparatus, as well labor law structures, which lead to problems of law enforcement, violation of labor rights and legitimate interests of subjects of labor and other directly related relations.

Keywords: machine-readable employment law; machine-executable employment law; digital technologies; artificial intelligence; electronic document management in the field of employment relations 

Ebergardt Semyon A. Artificial Intelligence in Law-­ Making: Prospects and Risks

Abstract. Rule-making activity is understood as the activity of authorised state bodies and officials on development, consi-deration, adoption and publication of normative legal acts. Rule-making is the foundation of the legal system, on the quality of which depends the stable functioning of all institutions of society. Modern technologies offer a unique opportunity to bring normative activity to a new level. The article analyses the prospects for the introduction of artificial intelligence tools in rule-ma-king activity. The article examines the prospects of AI application at the stages of planning normative activity, preparing a draft normative act, carrying out expertise, discussing and coordinating the draft act, adopting the normative act, and publicizing the adopted act. The author analyzes possible risks of introducing artificial intelligence in law-making activity: risks associated with the errors in the work of artificial intelligence algorithms, bias of artificial intelligence, insufficient transparency and clarity of the results obtained using artificial intelligence technologies, and loss of practical skills and competencies of legal professionals. The author proposes mechanisms to minimize the existing risks. The author concludes that positive potential of artificial intelligence can be minimized under a set of certain conditions.

Keywords: artificial intelligence; technology; normative activity; stages of normative activity; normative legal act

PUBLIC LAW

Zapolsky Sergey V. Legal Status of Affiliated Joint-Stock Companies that are Part of State-Owned Companies

Abstract. The present article aims to highlight the peculiarities of formation and improvement of the economic mechanism in the sphere of especially important production complexes, providing inter-sectoral interests, functioning of system-forming economic organizations and primarily defense industry enterprises. Practice has developed several legal forms of ensuring the combination of market conditions of economic activity with guarantees of fulfilling strategic tasks of economic development. New forms of state management of the economy, i. e. concerns, consortiums, holdings, financial and industrial groups called to prevent the reduction of controllability, continue to face the lack of legal regulation of their activities.

Keywords: management; economic development; concerns; state corporations; holdings; state defense order; competence; legal responsibility; economic systems

Dorozhkin Igor O. On the Advisability of Criminalizing the Liability of Business Entities

Abstract. Russian science has long debated the question of the need to make additions to the criminal legislation in terms of establishing the criminal liability of legal entities. The author doubts the expediency of introducing the norms on criminal liability of legal entities, into Russian legislation since the goals proclaimed by the proponents of this concept can be achieved by existing legal means. In support of his position the author draws attention to the sources of the origin for the idea of bringing legal entities to criminal liability and also notes the desire of the legislator, even in the sphere of civil law, to determine a specific person guilty of making decisions carried out by the organization. In addition, the article examines sanctions provided for legal entities by foreign criminal codes and correlates them with the Russian legislation. The author draws attention to the fact that the idea of increasing the amount of penalties may be crushed by the impossibility of their collection.

Keywords: business entities; criminal liability; piercing of the corporate veil; sanctions

Anikeenko Yulia B., Novoselova Natalia V. Peculiarities of Administrative Liability of Owners and Lessees of Vehicles when Entering into a Vehicle Lease Agreement

Abstract. Based on the current legislation, judicial practice and modern points of view the authors reflect on further prospects of developing the institute of administrative responsibility of owners (proprietors) of vehicles and lessees when entering into a contract of lease of a transport vehicle. The authors emphasize the problems of bringing the owners of vehicles and lessees to administrative responsibility. The paper emphasizes the need for additional legal regulation of this issue in the current Code of the Russian Federation on Administrative Offences, the new draft Code of the Russian Federation on Administrative Offences and the draft Procedural Code of the Russian Federation on Administrative Offences. The methodological basis of the research is based on a systematic approach to the legal relations under study. In drawing conclusions, the authors rely on formal legal and comparative legal methods. The article proves that equating an administrative fine to losses is incorrect and inadmissible use of civil-law norms for regulating administrative relations. For further improvement of administrative tort legislation, it also seems necessary to specify the dispositions and sanctions of articles of the Special Part the Administrative Code of the Russian Federation providing for administrative liability.

Keywords: administrative responsibility; administrative offense; subject of administrative offense; owner of the vehicle

PRIVATE LAW

Aminov Evgenii R. Recovery of Losses in the Form of Exchange Rate Differences: Problems of Law Enforcement Practice

Abstract. The article considers the problem of recovery of losses in the form of exchange rate difference from a debtor who has delayed the fulfillment of a monetary obligation. The author draws attention to the contradictory judicial practice in such ca-ses. Examining the recovery of losses as a universal way of protecting civil rights, the basic principles of civil legislation, in par-ticular, the principle of good faith, it is concluded that it is possible in a contractual legal relationship to protect the creditor by collecting losses in the form of exchange rate differences from the debtor who has delayed the fulfillment of a monetary obligation expressed in foreign currency.

Keywords: losses; obligation; performance of a contract; creditor; debtor's delay; exchange rate differences; unfair behavior; business risk

Latyev Aleksandr N. On the Conventionality of Boundaries of Subjects of Property Relations (end of article) 

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. Dedicated to the fiftieth anniversary of the establishment of the Department of Economic Law at the Sverdlovsk Law Institute (now the Business Law Chair of Ural State Law University named after V. F. Yakovlev).

Keywords: property relations; legal entities; individuals; civil circulation; property complexes

Rubtsova Natalya V. Peculiarities of Acts of Autonomous Legal Regulation of Entrepreneurial Activity 

Abstract. The features of acts of autonomous regulation are analyzed taking into account the current stage of development of entrepreneurial activity. The non-identity of autonomous and individual legal acts is emphasized, since it is autonomous legal acts that have a regulatory impact on participants in business relations. Of particular importance are such autonomous acts as contracts and corporate legal acts. It has been proven that the programming function of autonomous corporate acts lies in their ability to have a regulatory impact on participants in corporate relations. In turn, it is the contract, as an autonomous act, that mediates entrepreneurial relations and ensures the beginning of private law regulation of entrepreneurial activity. Therefore, it acts as the main programming, "driving" legal means of regulating entrepreneurial activity.

Keywords: autonomous act; mechanism of legal regulation; corporate legal act; agreement; entrepreneurial activity

Grigorieva Olga A. Subjects of Construction Activity

Abstract. The article emphasizes the importance of construction as a branch of the Russian economy. It stresses the importance of understanding the role and significance of the persons involved in the construction of objects. The author names the participants who can be subjects of construction activity. The author analyzes their legal status, drawing attention to the fact that for some participants, e. g. specialized developers, the law provides a special status. Some subjects, e. g. customer services, have been known to the domestic legal order since the Soviet times. At the present stage of the construction industry there is self-regula-tion, so the importance of self-regulatory organizations (SRO) is great. An association of persons can also be a part of the relationship. One of the problems is the lack of legal definition of applicable concepts. Legislative gaps do not contribute to the development of the construction industry. The issue that requires the attention of the legislator is the disparate information about the participants of construction activity. Today such information must be obtained through different digital resources. This situation significantly complicates the activities of interested parties. Special attention in the article is paid to the need to ensure information openness and accessibility of information about the subjects of construction activities by maintaining appropriate unified registers on digital platforms on the Internet.

Keywords: subjects of construction activity; developers; investors; builders; customers; contractors; users of objects

INSOLVENCY (BANKRUPTCY)

Semyakin Mikhail N. Correlation of General and Special Grounds for Challenging Debtor’s Transactions in Legal Relationships Related to Insolvency (Bankruptcy)

Abstract. The article analyzes the positions expressed in the legal literature concerning the general and special grounds for invalidation of debtor's transactions in the field of insolvency (bankruptcy). The author evaluates them and argues that, as a general rule, special grounds should be applied in this sphere, except for cases when certain constituent elements of the transaction are beyond the special grounds. The article considers the normative basis of regulation of relations concerning contestation of debtor's transactions in case of his/her insolvency (bankruptcy), as well as related provisions formulated by the arbitration prac-tice, and makes considerations concerning the possibility of applying the provisions on invalidity of transactions when contesting actions, which are not transactions, of the debtor on fulfillment of obligations. The author examines other authors' opinions concerning the fact that in case of debtor's non-legality, his/her will can be completely ignored when applying the grounds of invalidity for qualification of actions on implementation of the transaction. In this connection, the article expresses the author's opinion that a differentiated approach is required here - with respect to transactions that comply with the requirements of the legislation in the field of insolvency (bankruptcy), and when the debtor's actions to fulfill the obligation are of bad faith nature, and violate the rights and legitimate interests of creditors and third parties in the insolvency (bankruptcy) case. In conclusion the author considers the correlation between general and special grounds of invalidity of transactions in the debtor's bankruptcy procedure, as well as the assessment of the will of the defective debtor expressed in the act (action) on fulfillment of the obligation.

Keywords: transactions; grounds; contestation; debtor; special norms; general; correlation; actions on fulfillment; invalidity; void; voidable; contestable; will; bad faith; abuse of right; insolvency (bankruptcy); legislation

Kirichenko Andrey V. On the Issue of the Right of the Arbitration Manager to Demand Information and Documents from the Debtor’s Counterparties

Abstract. The article deals with the issues relating to the exercise of powers by a bankruptcy trustee to request information about the debtor from legal entities and individuals who are his counterparties. Using examples of court practice, the author analyzes legal approaches to this problem, including the grounds for approval of the respective applications of trustees, procedural aspects of their consideration, methods of compulsion to execute judicial acts, as well as the forms of implementation by the counterparty of the corresponding obligation.

Keywords: insolvency (bankruptcy); arbitration manager; request for documents

Slavich Maria A. Replacement of Developer as Transfer of Contracts by virtue of Law: What Risks Should be Considered by the Acquirer

Abstract. Such method of satisfying claims of construction participants as transfer of rights and obligations of the developer to another person (replacement of the developer) is regulated in the Bankruptcy Law. Despite the apparently quite detailed and consistent description of the procedure for its implementation, the procedure for the replacement of the developer is regulated in the most general way. The legislator limited himself to the indication that the bankruptcy (external) manager and the acquirer shall sign an agreement on the transfer to the acquirer of the land plot with the inseparable improvements and obligations of the developer located thereon (hereinafter - the transfer agreement) and a transfer deed to it. The issues of the content of this agreement are not regulated in the Bankruptcy Law. In addition, the legislator did not pay attention to the issue of the scope of the debtor's obligations to be transferred (along with obligations from the debtor's unfulfilled contracts with construction par-ticipants) to the new developer. At the same time, such an approach carries significant, non-obvious risks for the investor. Taking into account the legal position that the transfer of rights and obligations of the developer to the acquirer is the transfer by virtue of law to a new developer (acquirer) of the debtor's contracts (transfer of the contract), there are additional financial risks for private investors in case of their assumption of rights and obligations of the developer-bankrupt. The authors give recommendations on their minimization.

Keywords: bankruptcy; developer; transfer of the contract; replacement of the developer; satisfaction of the claim

LAND, URBAN PLANNING AND ENVIRONMENTAL LAW

Vagina Olga V., Shiryaeva Tatyana V. Legal Problems Related to Encumbrance by Easement of a Land Plot on which an Apartment Building is Located for Passage and Driveway Purposes 

Abstract. The article deals with legal problems related to the objective necessity of using the land plot on which an apartment building is located for passage and driveway purposes. Analyzing the norms of law and judicial practice and considering that the legislation currently enshrines provisions on four types of easements (easement; public easement; easement on land plots owned by the state and municipalities; public easement for certain purposes), the authors conclude that under certain circumstances the above-mentioned land plot may be encumbered by easement, public easement, and easement on land plots owned by the state and municipalities. The decisive value in choosing the appropriate type of servitude will be the type of ownership of the land plot: whether the land plot continues to be in one of the public forms or whether the boundaries have been established on the ground the plot has been put on the cadastral register and, consequently, it has been transferred to the common shared ownership of the owners of the apartment building premises, which is provided for by the housing legislation of the Russian Federation, and the public ownership has been transformed into private ownership.

Keywords: multi-apartment residential building; easement; public easement; easement on land plots owned by state and municipal property

Gaevskaya Ekaterina Yu. Elimination of Objects of Accumulated Environmental Damage as one of the Indicative Factors of Environmental Security

Abstract. The scientific article analyzes recent changes in legal regulation of social relations in the field of liquidating objects of accumulated environmental damage as one of the indicative factors of environmental safety. The author notes great importance of the effectiveness of legal regulation concerning the liquidation of objects of accumulated environmental damage and the relevance of determining the measures of their organizational and legal support. The author provides the statistical data of implementation of the federal project "General cleaning" approved in order to solve the long-term urgent problem of liquidation of environmentally hazardous objects throughout the Russian Federation. Summarizing the article, the author emphasizes the need for measures to conduct a complete inventory of objects of accumulated harm to the environment and to assess their impact on the health of citizens and the longevity of their lives, and notes the aspects that left out of the legislator's attention.

Keywords: objects of accumulated harm; ecological safety; environment; ecological situation; federal project "General cleaning"