No. 4 (2021): Business, Management and Law

CIVIL LAW, BUSINESS LAW, FAMILY LAW

1. Belykh Vladimir S., Alekseenko Aleksandr P. On the Concept of Investment in the Digitalization of Economy and Business.

Abstract: The article analyzes the concept of investment, taking into account the realities of the digital transformation of the economy. Based on a comparative analysis of the existing legal definitions of investment in the Russian legislation and doctrine, their cohesive characteristic feature as the purpose of their implementation is highlighted. In addition, it is proved that investments are the objects of civil rights invested in the objects of entrepreneurial activity. It is revealed that the proposed definition of investments made with the help of investment platforms is not correct and demands revision as it is not based on the existing approaches to the definition of such investments. The authors point out that the legal definition of investments in the Law on Investment Platforms does not indicate the objects where they are invested. Doubts are also raised about the possibility of making investments by converting them in utilitarian digital rights or by means of a loan. The author makes a conclusion that a unified concept of investment is needed, and that investment law should be brought to consistency within itself

Keywords: investment, digitalization, digital financial assets, object of civil rights, investment platform, investor

 

2. Tasalov Philip A. Digitalization Influence on Participation of Small and Medium Sized Enterprises in Public and Corporate Procurement: New Design.

Abstract: The article discusses changes in legislation concerning the participation of small and medium-sized businesses in the procurement process regulated by Laws 44-FZ and 223-FZ. Now, customers are forbidden to require the provision of information about compliance with the criteria of bidders for small and medium-sized businesses – customers, and in the case of 44-FZ – operators of electronic platforms independently take information from the service developed and supported by the Federal Tax Service of Russia: Unified Register of Small and Medium Entrepreneurship. The author points out that a similar procedure for providing information about small and medium-sized businesses has been used in corporate procurement since November 27, 2020. During the operation of this procedure, both positive features, such as simplification of the preparation of applications by suppliers for the participation in corporate procurement, and negative ones, among which the costs of customers in the form of the need to check the data in the state information resources, were identified. In addition to the negative features, the author points to a clear problem of using the Unified Register of Small and Medium Entrepreneurship: the participant of the procurement may meet the necessary criteria of the subject of the small and medium enterprises, but for some reason he/she may not be in the register.

Keywords: small and medium sized economic enterprises; government contract system; competition; digitalization; electronic bidding; corporate procurement

 

3. Tarabaeva Natalya M. Real Estate Leasing: Problems and Prospects for Development in Russia.

Abstract: The article analyzes the current state of the domestic market of leasing operations in the real estate segment. The author considered the general features of the leasing agreement, and established its types: financial, operational, returnable, as well as the features of the real estate leasing.

The author established the advantages of the acquisition of commercial real estate by small businesses through the leasing transactions, compared with the loan. At the same time the author pointed out the risks of the acquisition of residential real estate leasing. The conclusion about the positive role of leasing in the development of the economy, especially in the small business sector is made.

At the end of the article, the author identified the main factors that limit the development of the real estate leasing market in Russia. These are often found in the market sale of real estate in the form of sale of shares (stocks) in the company owning the real estate, the sale of real estate with existing encumbrances. However, the biggest problem, in the author’s opinion, is the direct legislative ban on leasing transactions with land plots. In many cases, the purchase of commercial real estate is paired with the purchase of land, so under such circumstances, leasing is either impossible or bypasses the law. It is this factor, in the author’s opinion, that is the key obstacle to the development of the real estate leasing market.

Keywords: leasing, lessor, lessee, financial leasing, cover leasing, leaseback

 

4. Grigoreva Olga A. Joint Spousal Debt: View of the Problem

Abstract: The article reveals a number of controversial issues related to the phenomenon of “joint obligations of spouses”. At the beginning of the article the author points to the prerequisite for the possibility of the existence of joint spousal obligations. This is the presence of the opposite phenomenon, namely the common property of the spouses.

Through the analysis of the concept of “family” as an entity that has an internal unity, the author makes a conclusion about possible dual nature of family property relations, i.e., relations within the family and relations of the family with third parties.

In assessing the concept of joint obligation of spouses, the author points to the criteria for distinguishing the joint obligation of spouses from the personal obligation of one of the spouses, notes the lack of legal regulation of joint obligations of spouses, and indicates the procedural order for the recognition of the obligation of one of the spouses as a joint obligation of the spouses.

The author concludes with an overview of the existing problems of law enforcement. Thus, the fundamental criterion “the needs of the family” for classifying an obligation as a joint obligation of spouses is of an evaluative nature and is left by the legislator to judicial practice. At the same, time there is no principle of uniformity in its enforcement. In addition, a negative trend in court practice is pointed out, where courts refuse to satisfy the claims for recognition of the obligation as a joint obligation of spouses on the grounds that the obligation remains unfulfilled at the time of the dispute consideration.

Keywords: family, family members, property, property, joint property of spouses, joint property of spouses, spousal debt, joint debt of spouses, joint obligation of spouses

 

ENVIRONMENTAL LAW, LAND LAW

5. Vinnitskiy Andrey V., Vagina Olga V., Gaevskay Ekaterina U., Listopad Oksana F., Savvina Ludmila Ya. Regarding the Relationships Between Water and Subsoil Legislation

Abstract: In the article the authors consider the correlation and competition between the norms of water and mining legislation in the issues of legal regulation and, accordingly, the definition of the legal regime of groundwater. It is said that so far, the question remains open which sub-branch of natural resources law regulates groundwater. The authors of the article note the fragmentation of legal regulation, which aggravates the problem of implementation of legal norms in this area and leads to collisions and contradictions. In this article the authors make an attempt to answer disputable questions about possibility of reference of groundwater to useful minerals in accordance with the current legislation and about possibility of extension of legal regime of industrial waters to underground drinking waters and underground technical waters. In a scientific article such concepts as “groundwater” and “subsurface water” are distinguished. The “All-Russian classifier of minerals and underground waters OK 032-2002” is analyzed. The standards that set out the basic conceptual apparatus in the use and protection of mineral resources are GOST R 59071-2020 and judicial practice. The authors analyze the system of norms of legal regulation of different types of ground waters, such as technical, potable and industrial ones.

Keywords: groundwater, subsurface water, subsoil, industrial water, legal regime of water objects

 

6. Pelvitskay Elisaveta P. Some Peculiarities of Lease Agreement for a Water Well that is Privately Owned by an Individual and is Necessary to Ensure Sustainable Water Use of a Settlement

Abstract: In article the legal analysis of a situation of subjects-owners of objects of the centralized system of water supply and water removal is carried out. The author has revealed that as a result of privatization of the state property, which occurred in the 90’s, the objects of the centralized system of water supply and sanitation became the property of private persons. At the same time, the law establishes that owners of objects of the centralized system of water supply and sanitation have no right to prevent transportation of water (wastewater) through their water supply and (or) sewerage networks in order to provide hot water supply, cold water supply and (or) water disposal to subscribers, whose capital construction facilities are connected (technologically connected) to such networks. At the same time, the owner of such networks has no right to use them independently, but is obliged to enter into a contract with a specialized organization to operate the networks. However, to receive payment for the use of networks, the owner must register as an individual entrepreneur and wait for the establishment of the tariff for the use of his economic networks, if the fee for use is not included in the tariff for water supply and sanitation services. The owner does not have the right to independently establish prices and terms of contract for the use of water and wastewater systems.

Keywords: utility infrastructure facilities, privatization of state and municipal property, lease agreement, payment for the use of utility infrastructure facilities

 

7. Dubovik Dmitryi M. Charge for Municipal Solid Waste Management: Analyze of Recalculation Problem

Abstract: On the basis of the current legislation and law enforcement practice in the field of municipal solid waste management, the author identifies a separate legal problem arising when calculating / recalculating payments for community facilities for municipal solid waste management, if nobody lives in the premise or is temporarily absent.

Turning to the issue of charging / recalculating payments for municipal solid waste management, much attention is paid to disclosing the place and nature of services for municipal solid waste management in the structure of payments for community facilities.

The analysis of the regulatory framework showed that today the owner of the residential premises is deprived of the opportunity for the appropriate recalculation in case of failure to provide services for the management of municipal waste management.

Considering various law enforcement practices in the field of charging community facilities for the management of municipal solid waste, the author concludes that today, there are a large number of unresolved issues, including uncertainty in resolving disputes related to the calculation / recalculation of payments for the community facilities in the event that no one lives in the premise or is temporarily absent.

Keywords: community facilities, municipal solid waste, treatment, volume, accumulation standard, payment, recalculating

 

ENERGY SECURITY

8. Diachkova A. V., Kontoboitseva A. E. National Energy Security: New Opportunities and Threats

Abstract: At present, the issue of ensuring an effective national energy security system is especially relevant in view of the destabilized global pandemic situation in the energy market, in particular, oil products. Under the influence of modern trends, the global market for fuel and energy resources is transforming, and the need to change the energy policy has affected many national economies. As a result of the empirical analysis, the influence of external economic factors of energy security on the economy of the state as a whole was revealed; the presence of differences in the influence of external economic factors on producing and consuming countries was confirmed; the key external economic factors of energy security in consuming and producing countries are found identical: the price, the share of exports, the volume of consumption, but they have opposite semantic meanings, namely, what is a positive impact for some has a negative impact on others.

Keywords: energy security, national energy security, oil exporting countries, oil importing countries