No. 1 (2020): Business, Management and Law

CONSTITUTIONAL ECONOMICS

1. V.S. Belykh belykhvs@mail.ru Thoughts and reflections about constitutional reform: socioeconomic aspect

Abstract: The article considers some amendments to the RF Constitution especially those which are directly connected with the economy and social development of the society. The author thinks that several provisions of the Constitution need additional examination and correction. Particularly, the article analyzes paragraph 2 Article 8 of the Constitution which concerns the forms of property. The term of so-called «other forms of prop[1]erty» raises questions in practice. Then the author proposes to amend the Constitution with a norm about rental income incurred from the use and realization of natural resources. Rental income must belong to Russian citizens from birth. At the end of the article the author turns attention to the theme about national idea of Russia which has found no reflection in the amendments to the Constitution. The author thinks that in modern conditions of state and society development the theme about national idea is very topical!

Keywords: RF Constitution, amendments to the Basic law, forms of property, rental income, national idea.

 

2. S. N. Shishkin sergey.n.shishkin@gmail.com Legal analyses of the economy: setting a problem, constitutional criteria

Abstract: The article substantiates the need for the theoretical concept “legal analysis of the economy”, defines the grounds, aim, and criteria of the said concept. The author examines such scientific directions as “economic analysis of law” and “constitutional economics” and makes a conclusion that the legal analysis of the economy develops the positions and ideas of constitutional economics. The constitutional objectives, values and principles can be used as criteria used in implementing legal analysis.

Keywords: economic analysis of law, constitutional economics, legal analysis of economy, aim of law, value of law, principle of law.

 

3. A.S. Suhorukov suhorukovS@mail.ru Problems of legal regulation of competition in the Sverdlovsk region in the context of constitutional reform

Abstract: The article examines the problems of legal regulation of competition in the Sverdlovsk region in the context of constitutional reform. The relevance of this research is determined by the development of competi[1]tion in our country and its importance for the domestic economy. The purpose of this article is to reveal the content of the constitutional regulation of competition and determine its significance for regional competition regulation, as well as to identify problems of legal regulation of competition in the Sverdlovsk region. The article reveals the content of the constitutional regulation of competition and highlights its components. The definition of the constitutional bases of competition and the constitutional right to competition is given. The structure of legislation of competition is disclosed. In connection with the constitutional reform, an analysis of the features of the constitutional consolidation of provisions on the differentiation of subjects of jurisdiction between the Russian Federation and its subjects in the field of legislation of competition was carried out, and problems of legal regulation were identified. An overview of the planned changes to the Constitution of the Russian Federation in the sphere of economic relations most closely related to competition is presented. The article also contains proposals for improving the current federal and Sverdlovsk region legislation on competition.

Keywords: Constitutional regulation of competition, constitutional bases of competition, constitutional right to competition, legislation of competition, standardof competition development.

 

ENTREPRENEURIAL LAW

4. N.N. Nadezhin ar_shadow@mail.ru Freedom of entrepreneurial activity: problems of civil law provision

Abstract: The article examines the influence of legislative, executive, and judicial state authorities on the development of entrepreneurial law in Russia. All of them have a wide competence in regulating various issues of entrepreneurship but use different methods which depend upon many factors. At present, there are no common requirements to methods or system of legal impact on entrepreneurship. The author thinks that the transition of constitutionally stated but not disclosed from the point of meaning “economic freedoms” of entrepreneurial activity into the branch legal guarantees would allow enhancing the model of legal regulation of entrepreneurial activity and ensure more freedom and efficiency.

Keywords: entrepreneurial activity, economic activity, legal regulation of entrepreneurial activity, legislation on entrepreneurial activity, limits of state influence on economy and entrepreneurship

 

5. N. Arkhiereev nick.mr@rambler.ru Practice and initiatives of transnational corporations in relation to artificial intelligent systems

Abstract: Recently, artificial intelligence has been attracting ever-growing interest of legal scholars. In the article, the author considers the approaches of transnational corporations in relation to artificial intelligence, since such corporations, possessing enormous scientific and material potential, significantly brought the Future closer. The study of these approaches seems important, since transnational corporations have a significant impact on the global economy and the legal regulation of public relations. It is concluded that the examined declarative documents of corporations will be the basis for regulatory acts of different countries and their associations in the field of artificial intelligence.

Keywords: artificial intelligence, principles of use, corporations, ethical standards, legal regulation.

 

6. S.I. Vinichenko 89122630078@bk.ru Influence of stock market mechanism on option constructions in the RF Civil Code

Abstract: The article examines option, reveals its specific features and shows the receptions of the RF Civil Code of some modern economic and juridical practice. The issue on amending the content of the RF Civil Code is raised.

Keywords: option, option on concluding the contract, option contract

 

7. V.A. Zaporoschenko zva-1980@bk.ru Legal nature of OTC contracts

Abstract: The article examines OTC contracts, reveals their specific features and peculiarities that distinguish them from exchange contracts. The article focusses on the specifics of legal regulation of OTC contracts.

Keywords: exchange contract, OTC contract, organized tender, object of OTC contract.

 

ENVIRONMENTAL LAW

8. I.A. Ignatyeva igna123@rambler.ru The legal protection of the Arctic nature and implementation of the best available technologies.

Abstract: The article draws attention to the need for enhanced measures to protect vulnerable Arctic nature. The encouragement by the state of the introduction of the best available technologies by nature users, carrying out business or other activities in the Arctic, at facilities classified as category I could be one of such measures. It is proposed to expand accordingly the list of indicators for classifying objects negatively affecting the environment as category I objects. It is necessary to take into account the fact that the object is located in the Arctic zone of the Russian Federation and other territories with a specific environmental protection regime.

Keywords: Arctic zone of the Russian Federation, the best available technologies, Arctic fragile environment

 

9. E. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of possibility to file a re-claim on recognition of property rights for the object of unauthorized construction to court

Abstract: The authors consider the issue concerning the possibility to file a re-claim on recognition of property rights for the object of unauthorized construction on condition that the court has dismissed the previous claim.

Keywords: object of unauthorized construction, recognition of property rights, re-claim

 

10. E.P.Pelvitskaya pelwi@yandex.ru On the issue of recovering unjust enrichment in case of actual withdrawal (occupation) of land plot for state and municipal needs

Abstract: The article examines issues about the legal nature of unjust enrichment obligations and their correlation with losses in cases connected with actual withdrawal of land plots and about improper defendant in such type of disputes. In cases of actual withdrawal (occupation) of land plots on a claim of a private owner, the courts implicitly recover losses in amount equal to the market value of the real property directly from the public formation for whose aims the land plot has been withdrawn. The courts often dismiss the requests for recovery of unjust enrichment for the period of actual use of withdrawn (occupied) land plot even in case the fact of breaching the procedure of withdrawal by the public formation has been proved.

Keywords: withdrawal of land plots for state and municipal needs, private ownership, unjust enrichment, losses

 

PROSECUTOR’S SUPERVISION

11. V. A. Chukreev prnad@usla.ru On the issue of prosecutorial supervision of the implementation of legislation on countering extremism and terrorism

Abstract: The article discusses the problems that arise in the implementation of prosecutorial oversight of the implementation of legislation on countering terrorist and extremist activities; proposals are formulated to amend and supplement the law on countering terrorism and the law on countering extremist activity.

Keywords: Terrorism, terrorist act, extremism, extremist activity, prosecutor, prosecutor’s supervision, legal means of the prosecutor, acts of prosecutorial response.

 

TRIBUNE OF YOUNG RESEARCHERS

12. M. Slavich mslavich@yandex.ru Financing activities to complete the construction of the objects of organization-developer in bankruptcy proceedings

Abstract: The article reveals the content of special procedures during the bankruptcy of organization-developer for financing the construction of projects under construction. The procedure and conditions established by the Law are considered. Ways of improvement of separate norms are offered.

Keywords: bankruptcy, organization-developer, financing, construction in progress, procedure, object of construction.

 

13. N.V. Markevich markevich.natalia1995@gmail.com Contracts in the sphere of carriage by air: notion and basic features

Abstract: The article analyzes the notion and specific features of the existing contracts in the sphere of air transportation, correlation between the contracts in the sphere of carriage by air depending on the type of transportation as well as the specific features of agency contract of aviation work. The author names the basic elements and legal nature of each contract and specifics of their understanding and practical use.

Keywords: carriage by air, contract of carriage by air, air transportation contract, air charter, agency contract of aviation work.