No. 2 (2021): Business, Management and Law

DIGITALIZATION OF ECONOMY AND BUSINESS

1. Shishkin sergey.n.shishkin@gmail.com On some basic principles of digital law.

Abstract: The article is devoted to some basic principles of digital law. In addition, the author deals with the problem of branch identification of digital law. The article pays special attention to the legal support of the digital economy and the role that belongs to the concept of entrepreneurial (economic) law in this area

Keywords: digitalization, digital law, digital economy, entrepreneurial law, principles of law.

2. Marat Sarsembaev daneker@mail.ru Digitalization of transport macnine-building enterprises in Kazakhstan and Russia: prerequisites, legal problems, and development.

Abstract: Digitalization is the inevitable introduction of digital technologies in all spheres of life, the state, the economy, including transport engineering. The relevance of the topic of digitalization of transport engineering in Kazakhstan and Russia is that digital technologies can improve the efficiency of the economy, including transport industry plants. The prerequisites for the introduction of digital technologies were manifested in the effective mutual activity of the state and the population to provide and receive a variety of services due to the successful functioning of «e-government» in both countries. The purpose of the study is to assist management and engineering personnel in solving and applying legal issues related to the implementation of digital tools in the activities of transport industry enterprises. In the course of the research, the following methods were used: the method of working with empirical material, the method of analysis and synthesis throughout the text of the article, the method of comparative legal analysis in relation to Kazakhstan and Russia, as well as other countries that have advanced in the digitalization of transport engineering. The statistical method was used in the study of robotics in the framework of a transport plant.

The essence of the article is to analyze such digital tools as the Internet of things, artificial intelligence systems, a system for diagnosing the quality of electric vehicles produced at factories, speech recognition, unmanned electric cars, and robotization, which should be fully implemented in the activities of transport plants in Russia and Kazakhstan. The topic of the article is new in the legal science of both countries. In Russia, there are research works on general and special issues of digitalization, but the topic of the law of digitalization of transport engineering plants is being studied for the first time. The article offers a number of names of new laws and regional conventions that, according to the author, can assist in digitalization, in the introduction of digital tools in the activities of transport engineering plants in Russia and Kazakhstan.

Keywords: digitalization; transport engineering; industry; factory; robotization; electric vehicle; unmanned vehicle; artificial intelligence.

3. Yuliya Haurylchanka hauryyuliya@gmail.com Biometric Identification and Authentication of the Subject of Financial Legal Relations.

Abstract: The research was conducted in the context of understanding biometrics as a science that studies the unique characteristics of a person (physical, behavioral, etc.). Due to the urgency of improving the quality of financial services, the reliability of the services provided, the protection of personal data, and the minimization of other risks, biometric technologies are increasingly being used to identify and authenticate financial service customers. In this regard, the purpose of the study is to disclose the existing legal problems and prospects for the use of biometric technologies in this area. To achieve this goal, we have studied domestic and foreign sources, the practice of using biometric technologies in different countries, and legal regulation in this area. Due to the variety of approaches to the problem, the legislation and practice of the Republic of Belarus are taken as a basis, which are generally quite close to Russian ones. In addition, the practice and interim results of the work of the Russian Unified Biometric System (UBS), key approaches to the use of biometric technologies in foreign countries are taken into account. As a result of the research, the concepts of identification, verification and authentication were formulated and studied, the types and place of biometric data in the system of authentication factors were studied. The author comes to the conclusion that it is most appropriate to recognize the factors of the subject»s property (biometric data, including, but not exclusively, photo and video images, voice) and the factors of the property of the object associated with the subject as the third group of authentication factors. However, the issues of biometric data protection still require both technical and legal solutions

Keywords: biometrics, biometric factors, authentication, identification, financial services, face recognition, voice recognition, biometric data.

4. R.N. Salieva sargus6@yandex.ru On the types of information in the field of ecology and environmental protection to be included in the integrated information system of fuel and energy sector organizations of the EAEU States.

Abstract: Based on the analysis of interstate agreements of the EU states and the national legislation of Russia and the Kyrgyz Republic, the article identifies the types of information that it would be advisable to include in the integrated information system of fuel and energy complex organizations. The conclusion is formulated that a harmonized legal framework is needed to ensure the unity of requirements for the creation and use of integrated information systems.

Keywords: information, types of information, ecology and environmental protection, integrated information system of fuel and energy sector organizations, unified system of ecological and geoecological monitoring.

ENVIRONMENTAL LAW

5. Ignateva Inna A. land@law.msu.ru Legal protection of the Arctic environment in the context of the intensification of economic activity in the Arctic zone of the Russian Federation

Abstract: The legal framework for environmental protection of the Arctic regions of the Russian Federation is analyzed in the article. The author concluded that the adoption of a separate federal law in relation to the Arctic zone of the Russian Federation, which creates a legal basis for the expansion and intensification of economic activity in the Arctic, was not balanced in law by the adoption of special rules that can strengthen measures to protect the vulnerable Arctic environment. Such special rules should be immediately incorporated into the legislation. Thus, comprehensive sustainable development in the region will be realized, including economic, social and environmental development.

Keywords: Arctic, Arctic zone of the Russian Federation, environmental protection, sustainable development

LEGAL OPINIONS

6. V.S. Belykh belykhvs@mail.ru, K.A. Kon’kov kir-konkov@yandex.ru Comparative analysis of state support measures for investment projects in the Russian Federation» (legal opinion).

Abstract: The article presents a comparative analysis of state support measures for investment projects in Russia. The authors have analyzed Russian legislation and business practice. The following measures of state support were considered: a) state guarantees of the Russian Federation on loans or bonded loans, attracted for the implementation of investment projects; b) financing of projects at the expense of the National Welfare Fund; c) financing of projects at the expense of the Industrial Development Fund; d) investment deduction for corporate income tax, etc. In conclusion the authors note that the measures of state support for investment projects, «scattered» in various normative acts have common goals and similar means, that would allow to consolidate them in one general law.

Keywords: investment project, investment legislation, state support funds, investment project support program, state guarantees, project financing, investment deduction, tax incentives, other support measures.

 7. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru, L. Ya. Savvina savvina.l@mail.ru Powers of the real estate registration authority in connection with the inclusion of information on the restricted area of a military facility in the Unified State Register of Immovable Property based on the order of the Ministry of Defense of the Russian Federation

Abstract: The article discusses the powers of the real estate registration authority to conduct a legal examination of the validity of the authority’s decision to establish a zone with special conditions for the use of territories, on which basis information is included in the Unified State Register of Immovable Property in terms of interagency information interaction, as well as the limits of state land supervision authority in relation to the inspection of the federal authorities’ acts for compliance with land legislation.

Keywords: zones with special conditions for the use of territories; restricted area of a military facility; registration authority; interdepartmental information interaction; state cadastral registration of immovable property; Unified State Register of Real Estate; supervision of land by the state.