No. 2 (2020): Business, Management and Law

CIVIL LAW AND ENTREPRENEURIAL LAW

1. A.V. Zolotuhin mczolotoy@rambler.ru On the issue about the aleatory nature of the entrepreneurial risk coverage contract

Abstract: The article examines the legal nature of entrepreneurial risk coverage contract from the position of its aleatory character. It contains scientific statements which reflect two approaches to aleatory nature of the insurance contract i.e. recognizing and denying the aleatory nature of the said contract construction. In his study, the author goes along with the group of researchers that recognize the aleatory nature of entrepreneurial risk coverage contract. He makes a conclusion that the estimation of probabilities underlines the insurance as economic activity but not in contractual relations of the insurer with an individual insurant. The very aleatory nature of the entrepreneurial risk coverage contract gives rise to the estimation principle of insurance. Herewith, the author allows the existence of insurance contracts without aleatory component which include accumulative insurance contracts.

Keywords: entrepreneurial risk coverage contract, aleatory character, risk contract, accumulative insurance contract.

 

2. T.I. Sultanova sultanova77@mail.ru Forms of entrepreneurship organization in the republic of tajikistan and limits for freedom to choose them

Abstract: Based on the current legislation analysis of the Republic of Tajikistan, the article considers the present limits for the freedom of choice and forms of entrepreneurial activity organization. Expressing generally affirmative position concerning the existent restrictive measures caused by the need to protect the economic turnover, rights and legitimate interests of other persons, the author expresses negative attitude towards the requirements provided by the tax legislation that make the right of citizens to be engaged in entrepreneurial activity and to choose the form for the organization of this entrepreneurial activity dependent upon the entrepreneur’s income status. Within the limits of the article, the author answers the question concerning the extent to which the fiscal aim can be fundamental and single ground in respect to the choice of entrepreneurial organization form, and the extent to which setting this restriction regime is the sphere regulated by the tax legislation.

Keywords: entrepreneurial activity, forms of entrepreneurship organization, individual entrepreneur, entrepreneurial activity without establishing a legal entity, freedom of entrepreneurial activity, restrictions for the principle of freedom of entrepreneurial activity

 

3. N.V. Rubtsova rubtsova@yandex.ru Entrepreneurial = professional activity: pro et contra

Abstract: The article is devoted to research of correlation between entrepreneurial activity and professional activity. The positions of “for” and “against” identification of the said types of activity are analyzed. Special attention is given to the study of professionalism as a doctrinal essential character of entrepreneurial activity. Based on the conducted research the conclusion is made that entrepreneurial activity and professional activity cannot be regarded as identical notions.

Keywords: entrepreneurial activity, professional activity, activity, doctrinal feature.

 

4. M. Bazhina mashsol@mail.ru, E.P. Shekochihina helena271@rambler.ru Prospects of the development of legal regulation of multimodal carriages in Russian Federation

Abstract: The article deals with the main problems that concerns the legal regulation of multimodal carriages in Russia. Authors outline several aspects such as the confusion of notions used in the transport legislation, the absence of the single document provided for the multimodal carriage and the legal regulation of the participant who would be responsible for the whole transport of goods.

Keywords: multimodal transportation, single document of carriage, notion, the forwarder, the forwarder-principal, the operator.

 

5. K.A. Mihalyev mikhalev.upd@gmail.com, E.V. Vitman vitmanev@gmail.com, R.B.Bruyhov brukhovr@gmail.com Challenges in executing options in corporate transactions

Abstract: The article is devoted to the practical issues of the execution of corporate option agreements - the new type of contract in Russian civil law. The following issues were explored: a mechanism of exercising the option agreements about non-public companies stocks; alienation of the shares to a third party; conditions of the property transactions.

Keywords: corporate law; option agreement; commercial register; stock; share.

 

LAW AND DIGITAL ECONOMY

6. V.S. Belykh belykhvs@mail.ru, K.A. Kon’kov kir-konkov@yandex.ru, M.O.Bolobonova mbolobonova@bk.ru Problems of improving antimonopoly legislation in the digital economy: controversial issues of theory and practice

Abstract: The article analyzes the current problems of the application of antimonopoly legislation in the digital economy. Such problems of legal regulation of the activities of digital platforms, determination of the dominant position in digital markets are considered. The authors indicate the directions of improving the antimonopoly legislation in this area.

Keywords: digital Platforms, Digital Markets, Antitrust Regulation, Network Effects, Antitrust Compliance, Big Data.

 

7. M.O.Bolobonova mbolobonova@bk.ru Problems of improving antimonopoly legislation in the digital economy: controversial issues of theory and practice

Abstract: The article is devoted to the issue of legal regulation of «big data». The definition of «big data» is given, their relationship with personal data and information in general is considered. The types of big data, their areas of use are highlighted, the main problems arising from their use are analyzed. The main models of legal regulation of big data, data exchange and cross-border data circulation are revealed, depending on the type of digital platforms.

Keywords: big data, personal data, digital platforms, digital economy, antitrust regulation, cross-border data exchange.

 

8. M.O.Bolobonova mbolobonova@bk.ru, Хрупалов В.А. v.khrupalov@mail.ru Legal regulation of data exchange in the activities of digital platforms: controversial issues of theory and practice

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.

 

ENVIRONMENTAL LAW

9. E. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of ensuring the realization of the principle of land division according to the intended use by the provisions of the RF Code on Administrative Offences

Abstract: In their article, the authors examined the issues that can arise while ensuring the principle of land division according to the intended use by the provisions of the RF Code on Administrative Offences.

Keywords: land legal relations, categories of land, division of land according to intended use, administrative liability for landrelated offences

 

ENERGY LAW

10. A.M. Shafir shafir07@mail.ru Consumer of energy resources as energy supplying organization

Abstract: In energy supply, a unique economic and legal model is being formed, when the consumer of energy resources not only uses the energy received from the energy supplying organization, but also participates in the process of energy generation and thus can act as an energy supplier in contractual relations with the energy supplying organization and even receive remuneration for this, turning the process of energy supply is, in fact, cooperation, joint activities of energy producing and consuming entities. Energy supply is defined not only by extention of relations in the sphere of production (supply) to the sphere of energy consumption, but also by the reverse process – participation of the energy consuming entities in production of energy and, hence, extention of competence of consuming entities to the sphere of production (supply). Economic and legal process of energy supply is, in fact, cooperation, joint activity of energy producing and energy consuming entities.

Keywords: Energy, energy resources, the subject of economic relations of energy supply, energy consumption, cooperation of producer and consumer of energy resources.

 

CRIMINAL LAW

11. V. Kalugin kalugin2006@yandex.ru Using the bankruptcy legislation in the criminal law spere

Abstract: The article is devoted to issues of harmonization of bankruptcy legislation, criminal legislation, criminal procedural legislation and criminal executive legislation.

Keywords: bankruptcy, criminal liability of debtors, exemption from punishment.