No. 25, March 2019

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No. 25, March 2019

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№ 25, март 2019

Table of Contests

Adabash Artur

Artemovich,

Achmiz Asiyet

Yusufovna

Read the Article:

Cryptocurrency as a Commodity in Foreign Countries and in the Russian Federation

Abstract

The authors study various approaches to cryptocurrency in foreign countries. It establishes what features a cryptocurrency turnover has in countries where it is recognized as a commodity. It considers the difficulties of classifying cryptocurrency as a commodity that the legislator must overcome. In the Russian Federation, the question of the status of cryptocurrency is still debatable due to the unresolved determination of non-cash funds. So, according to the position of some authors, non-cash funds cannot be attributed to money, due to their attribution to the real right of a credit institution—the bank. Other authors insist on the impossibility of the actual transfer of funds through noncash payments. The author comes to the conclusion that to separate all cryptocurrencies into two types: having signs of securities and not having signs of securities. If the cryptocurrency has the characteristics of a security, to extend to it the requirements, which are subject to operations with securities, with the appropriate licensing activities.

Key Words: international private law, cryptocurrency, product, securities, virtual goods.

	Abstract	Aksaridi Parfena Nikolayevna Read the Article: The Principle of Disposi-tivity in Administrative and Civil Procedure
This article deals with the issues relating to the principle of dispositivity in administrative and civil procedure. The author pays attention to fixation of this principle in the norms of the Code of Administrative Judicial Procedure of the Russian Federation and the Civil Procedure Code of the Russian Federation. The article considers the features of the implementation of this principle in both types of court proceedings. The author comes to the conclusion about the significance and necessity of the principle of dispositivity in Russian legislation. Despite the adoption of the Code of Administrative Judicial Procedure of the Russian Federation, administrative proceedings are part of the civil procedural form. Because of this, many principles of civil proceedings operate in administrative court proceedings, including the principle of dispositivity. The author comes to the conclusion that, in order to resolve the theoretical and practical differences, it is necessary to consolidate the detailed definitions of the principle of dispositivity in separate articles both in the Code of Administrative Judicial Procedure of the Russian Federation and in the Civil Procedure Code of the Russian Federation.
Key words: dispositivity, principle of dispositivity, civil procedure, administrative court proceedings.

Arkhireeva Anastasia

Sergeevna,

Prikhodko Yelena

Grigoryevna

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The Legal Status of the Central Bank of the Russian Federation

Abstract

On the basis of the current legislation, the authors analyse the legal position of the Central Bank of the Russian Federation, an important link in the monetary and banking system of the country. The legislation has not clearly defined the legal status of the Bank of Russia. In its article, the authors try to define what legal form is the closest to the Central Bank, and come to the conclusion that the legal nature of the Bank of Russia is dualistic. The Central Bank is a public authority with special legal status, because it has all the characteristics of a public authority, but its place in the system of public authority of the Russian Federation is not set clearly at the legislative level. On this basis, the authors suggest to solve this problem by making small adjustments at the legislative level that would eliminate uncertainty in the legal status of the Bank of Russia and specify its legal position

Key words: Central Bank of the Russian Federation, Bank of Russia, legal status

	Abstract	Achmiz Asiyet Yusufovna,Dotsenko Vladislav Viktorovich, Leyba Igor Petrovich Read the Article: Comparative Analysis of Some Aspects of Tax Law of the Russian Federation and the United States of America
The article provides a legal analysis in the aspect of tax law. The authors define the priorities for the development of tax law in the Russian Federation. They take the United States of America as the basis for a foreign tax law standard, singling out the best sides of the American tax law. Taking into account the positive experience of the United States of America, the authors consider it expedient to create a specialized judicial body in the Russian Federation, the subject competence of this body being solely the consideration and resolution of tax disputes. It would contribute not only to reducing the burden on judicial bodies, but also to a more professional, efficient, and speedy administration of justice in tax matters, formation of the tax process as a separate type of legal proceedings, and the improvement of the professional level of judges
Key words: tax law, budget, tax system, tax, legislation.

Badeyan Artem

Edvardovich,

Grinshteyn Konstantin

Aleksandrovich,

Rukavishnikova

Yelena Viktorovna

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On Correlation Between the Structure of the Criminal and the Administrative and Tort Processes

Abstract

In this article, the authors consider the correlation between the structure of the criminal and the administrative and tort processes. Using imperative methods through a legal mechanism, the state acts on the relevant subjects of legal relations for the implementation of effective public administration and decision-making in the interests of society and the state. It is noted that the main substantive prerequisite for the existence of a relationship of commonality, conditionality, mutual responsibility, and administrative responsibility between the criminal and the administrative and tort processes is the interaction of administrative and criminal liability. To date, this interaction is presented by a large array of related administrative misconduct and crimes. There is a need to consolidate the definition of administrative jurisdiction of a legal entity in Art. 5 of the Criminal Procedure Code of the Russian Federation.

Key Words: criminal process, administrative and tort process, tort, structure.

	Abstract	Belovidov Roman Yuryevich, Polous Denis Viktorovich, Chernov Yuriy Ivanovich Read the Article: Tax Representation and Participation of Representatives in Tax Legal Relations
The article touches upon the issues of representation in tax legal relations. The authors pay attention the concept, characteristics, and types of representation, and consider controversial issues of application of this institution in practice and issues of bringing a tax representative to responsibility. In this work, the authors pay great attention to the issue connected with the understanding of the institution of tax representation and cite the opinions of authoritative experts in this field. The authors also found small gaps in domestic legislation, namely in the Tax Code of the Russian Federation. According to the authors, there is a need of clarification of the legislator’s legal position on a number of issues, such as the legal responsibility of a tax representative, by introducing changes and clarifications to which the legislator should pay attention in order to introduce them further
Key words: representation, tax representation, tax authority, taxpayer.

Bostandzhiyev

Konstantin Giviyevich,

Pavlov Nikolay

Vladimirovich

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On the Issue of State Control in the Field of Local Government

Abstract

In modern Russia, local self-government is raised on the level of one of the foundations of the constitutional system. By embracing almost all aspects of the democratic organization of local life with its institutions, local self-government provides an opportunity to rationally decentralize many functions of state power, to transfer decisionmaking on all issues of local life to territorial communities, thereby stimulating the activity of citizens and ensuring their real participation in such decisions. This article touches upon the state control over local self-government. Thus, control over compliance with the law is entrusted to the public prosecutor’s office; compliance of acts of local self-government, the constitution (charter) of the subject of the Russian Federation is controlled by the constitutional (charter) courts of the subjects of the Russian Federation; there is also judicial control. Acts of municipal bodies that do not comply with the law may be suspended or declared invalid by the court. Under certain conditions, the representative body of the municipality may be dissolved by the law of the subject of the Russian Federation, and the head of the municipality may be dismissed by the head of the administration of the subject of the Russian Federation

Key words: control, local government, supervision, state power.

	Abstract	Voronin Daniil Sergeyevich, Litvinov Nikolay Ruslanovich Read the Article: On the Issue of Securing of Legal Regulation of the Trademark
A trademark is an object of intellectual property and the most common means of individualization. The trademark is intended for the individualization of goods of legal entities and individual entrepreneurs, but today it is itself a commodity. Creating equal economic conditions for various manufacturers, introducing competitive principles into their activities and increasing responsibility, the need to saturate the market with goods and services to meet the needs of the population determine the objective need for a legal mechanism that ensures proper individualization of their goods and services. it is not the trademark itself that is involved, but the exclusive right to it. More aspects of this issue are discussed in the presented article. Summarizing the points of view existing in the doctrine, the authors note their unity: usually the selection of such functions as distinctive, advertising, information, quality assurance is not questioned. There are some contradictions in the definition of their essence, but they do not have a significant impact on the final concept.
Key words: intellectual property, means of individualization, results of intellectual activity, legal protection, disposal of exclusive right, exclusive right.

Gavrik Anastasiya

Yevgenyevna

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Comparative Legal Analysis of the Institution of international Adoption in the Russian Federation and Other Countries of the Romano-Germanic and Anglo-Saxon Legal Families

Abstract

In this paper, the author considers a set of problems associated with international adoption. This procedure is a widespread way to protect the rights of children at the international level of legal relations. The author gives a systematic description of international adoption. Considerable attention is paid to the adoption of children from the Russian Federation by foreign citizens, as well as relevant issues related to international adoption. The article discusses and analyses the legal framework and a well-established algorithm of international adoption of children in the Russian Federation by foreigners. The authors provides logical arguments for the need for control in this area and proposals to address the extremely significant problems of international adoption.

Key words: adoption, foreign citizens, child.

	Abstract	Grigoryev Danil Nikolayevich Read the Article: Analysis of the State of the Russian Car Market in Russia and Abroad
The article reveals the position of the Russian car market in the domestic and global markets in the last years. The volume of the national car market in quantitative terms is increasing rapidly, but in monetary terms it is small, i. e. the increase in production exceeds the sales dynamics. This phenomenon causes the threat of overflow of manufacturers’ warehouses due to the excess of supply over demand. The increase in sales of Russian cars will depend on state support in the automotive industry, as well as the transition from quantitative to high-quality indicators, the development of exports of motor vehicles, automotive components, components and assemblies, creating motivation to localize production. The Ministry of Economic Development has defined tasks that will increase the level of development of the automotive industry of the Russian Federation for the planning periods
Key words: cars, market, sales, manufacturers, traders, export, import.

Gudz Alla

Viktorovna,

Gudz Alla

Viktorovna

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Features of the Organization and Conduct of Municipal
Elections

Absract

The relevance of the research topic is due to the theoretical and practical significance of such a form of democracy as municipal elections, through which the population realizes its right to local self-government. The article discusses the features of the municipal elections in Russia, gives their characteristics, defines the legal regulation. The authors highlighted a number of characteristic features of the municipal elections, including the features of legal regulation of the elections of the head of the municipality in the Russian Federation and the elections of deputies. The article examines the modern legal aspects of the electoral process at the present stage of the political development of the Russian Federation, examines domestic and international experience in the functioning of electoral bodies (commissions) and legal aspects of the organization of voting as an integral part of the electoral process. The authors define the features of the legal status of an election commission that organizes the preparation and conduct of municipal elections

Key words: local government, municipal elections, population, Constitution of the Russian Federation, election commissions.

	Abstract	Dotsenko Alina Aleksandrovna, Yushko Aleksandr Viktorovich Read the Article: Protection of Market Competition by Local Governments in Russia
This article highlights some issues related to the participation of local authorities in the protection of competition. The exercise by local governments of such powers is associated with the implementation of financial and economic functions aimed at maintaining the full and effective functioning of a market economy. The Constitution of the Russian Federation guarantees the freedom of economic activity to all its subjects, as well as the freedom of economic space throughout the country. The fulfilment of the guarantee specified in the Constitution must be carried out at all levels of state power, as well as at the levels of municipal formations. To secure of this guarantee, state authorities and local governments undertake an obligation to conduct financial and economic policies aimed at restricting the activities of monopolies and the development of competition. The authors conclude that the key factor in the effectiveness of competition in the territories of municipalities is the prevention of actions by local governments that violate the principles of competitive economy.
Key words: competition, commodity markets, local governments, municipalities, economic entities

Yedidzhi Farida

Azamatovna

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Features of Legal Regulation of the Rights and Obligations of the Municipal Employee in the Russian Federation

Abstract

The article discusses the structure and legal basis of the administrative status of municipal employees in the Russian Federation, as well as its elements: rights and obligations. The features of the legal regulation of labor of a municipal employee are studied. The author considers the concept of a municipal employee, according to the Federal Law No. 25-FZ ‘On Municipal Service in the Russian Federation’ of March 2, 2007. The main rights and obligations of municipal employees according to this Federal Law are analysed. It provides that municipal service in the Russian Federation is regulated by the Constitution of the Russian Federation, Federal Law No. 25-FZ, and other federal laws and regulatory legal acts of the Russian Federation. According to the author, in order to regulate fully the legal status of municipal employees, their labour activities should be regulated by a separate chapter of the Labour Code of the Russian Federation

Key Words: municipal service, legal status, rights, duties.

	Abstract	Zakharchuk Yevgeniy Petrovich, Piven Aleksey Vasilyevich Read the Article: Some Issues of Criminal Investigation of Petty Bribery
In this paper, the authors examine the topical issues of such a socially dangerous phenomenon as petty commercial bribery; the spheres of social activity typical for committing petty commercial bribery; the subject structure of the crime, and the ways to commit and to identify the crime. This crime has a negative impact on the normal course of market relations and undermines the activities of commercial organizations. Criminal liability for this type of crime is set out in Article 204 of the Criminal Code of Russia. In the scope of this article, the authors examine the issues related to the investigation of petty commercial bribery and analyzes the current judicial practice. The main operational search activity is the operational experiment. As a rule, such a crime has a multiplicity of criminal activity, as well as the commission of petty commercial bribery in conjunction with other crimes. The relevance of the study is due to the novelty of the criminal law that establishes responsibility for committing petty commercial bribery, the lack of a comprehensive analysis of law enforcement practice in this legislative novel.
Key words: commercial bribery, crime, crime report, commercial activity, message verification, proof, investigation

Ivanenko Igor

Nikolayevich,

Leyba Igor

Petrovich

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History and Analysis of the Monetary System of the Russian Federation and the United States of America

Abstract

At the present stage of development, Russian statehood can be characterized by the lasting process of formation of the economic and public infrastructure of the society. Direction of such transformations provides for formation of the monetary system of the state and legislative consolidation of its basis which the notion of money is related to. Nowadays, due to development of market relations, the role of money receives a global nature, and the economy, in its turn, receives a monetary nature and causes the emergence of the institutions of financial capitalism and financial economy. The authors come to the conclusion that the monetary systems of the countries under consideration are differentiated. The difference is in various monetary units, major issuers, the right to issue activities, as well as bodies regulating the monetary system.

Key Words: monetary system, law, issue, issuer.

	Abstract	Ivanenko Igor Nikolayevich, Saakyan Mariya Aramovna Read the Article: Administrative and Tax Liability for Violation of Legislation on Taxes and Fees: Correlation and Perspectives of Legal Regulation
This article discusses the relationship and perspectives of legal regulation of administrative and tax liability for violation of legislation on taxes and fees. Today, law enforcement practice indicates that for the same tax offence there are several types of legal liability. Thus, there is a process of dispersing the rules governing tax liability. This phenomenon occurs, in particular, between the Tax Code and the Code of Administrative Offences of the Russian Federation. To solve this problem, the authors propose either to fix the rules governing tax liability in the Tax Code the Code of Administrative Offences, or to develop a code on offences in the sphere of taxes and fees. It is assumed that it will include two parts: the general and the special. In the General Part, the principles, objectives of legislation on tax offences, the concept of a tax offence, types of penalties and the general procedure for their appointment will be defined. In the Special Part, all the structures of tax offences and responsibility for their perpetration will be secured
Key words: administrative responsibility, tax liability, taxes, fees, offence.

Ivanova Sofiya

Mikhaylovna,

Kolitchenko Mariya

Aleksandrovna

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On the Issue of Differentiation Between Administra-tive and Tax Liability for Tax Offences

Abstract

This work touches upon administrative and tax liability for violation of tax legislation. The authors analyse the border elements of crimes when committing administrative and tax offences, define the degree of public danger in such offences. The article provides a theoretical legal analysis of the rules regulating liability for offences in the field of taxation. The authors highlight the problematic issues that hinder the most effective implementation of the goals and objectives of administrative and tax liability as a type of legal liability. The main theoretical provisions of administrative and tax law which lead to such questions and law enforcement errors of various kinds are considered. The authors study both individual norms found in the codified federal laws of the relevant branches of law and regulatory acts as a whole, both valid and expired, the content of which contributes to solving the problems raised in this article

Key Words: administrative responsibility, tax liability, offenсes, crimes.

	Abstract	Ivanova Viktoryia Aleksandrovna, Pavlov Nikolay Vladimirovich Read the Article: Veche Democracy in the Old Russian States as a Historical Basis for Modern Russian Democracy
This article discusses such a historical phenomenon as veche democracy. The authours analyse the influence of this institution on today’s state institutions and their activities. Many scientists are still actively discussing the role and scope of authority of this body and considering the relationship between such a level of authority and the authority of other authorities. This article also addresses the issue related to the role of veche assembly in the formation of the foundations of democracy, the political culture of the population, as well as laying the foundations of local self-government. The authors review the opinions of historians and analyse the internal organization and forms of functioning of the veche and the reasons for the cessation of its activity. Within the scope of the article, the authors give a comparative assessment of modern institutions of direct democracy and the institutions of direct democracy in Old Russia—veche.
Key words: democracy, veche, Old Russian state, self-government, elective institutions, direct democracy, participation.

Ivanova Viktoriya

Aleksandrovna,

Parfenova Maria

Vladislavovna,

Sirotkin Vladimir

Aleksandrovich

Read the Article:

The Analysis of the Dynamics of the Russian International Reserveshe Regional Component of an Effective Tax Strategy of the State

Abstract

The article provides the analysis of the international reserves of the Russian Federation. The authors determine their composition and role as the financial reserve and indicate Russia’s place among the countries leading in terms of international reserves in 201. The dynamics analysis of the international reserves of the Russian Federation from 2009 to 2019 was conducted. It was concluded that Russia’s gold and foreign exchange reserves are almost exclusively determined by external factors, and not by the strategic goals of the country’s internal economic policy. The article also considers the structure of Russia’s international reserves from 2014 to 2019. As a result of the study, the leading role of gold reserves was determined.

Key words: international reserves, Bank of Russia, foreign-exchange reserves, special drawing rights, monetary gold.

	Abstract	Kopylova Mariya Dmitriyevna, Kurash Konstantin Vladimirovich, Chernov Yuriy Ivanovich Read the Article: On the Issue of the Prosecutor’s Role in Arbitration and Administrative Proceedings
Public prosecution bodies perform one of the most important functions—supervision of observance and execution of laws and other normative legal acts which is reached by means of participation in court proceeding. A prosecutor, carrying out their supervisory activities, is a party to arbitration and administrative procedural relations. As a party to arbitration and administrative proceedings, a prosecutor has certain rights and responsibilities. However, the features of the status of a prosecutor and their procedural role are quite complex and quite controversial. This article studies the features of the procedural status and participation of a prosecutor in arbitration and administrative proceedings. The status of a prosecutor in this type of proceedings is subject to detailed study. The article analyses the imperfections of legislation in this area and proposes the ways to solve the problems under consideration.
Key words: prosecutor, principle of legality, principle of the unity of the process, arbitration proceedings, administrative process

Krents Stanislav

Vadimovich

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Peculiarities of Legal Regulation of Labour Under Harmful and Hazardous Working Conditions

Abstract

With the development of innovation, there is a need to revise the provisions on the protection of working conditions. Ensuring of healthy hygienic and sanitary working conditions and introduction of perfect safety engineering are among the most important conditions for the development of the entire national economy. It is noted that the notions of hazardous working conditions and harmful working conditions express the impact of hazardous and harmful factors of the labour process and the working environment on employee health. The author comes to the conclusion that it is necessary to establish compensation for work with hazardous and harmful conditions at the legislative level if an employee is hired for work in appropriate conditions. To achieve these goals, the clause on compensation for work with hazardous and hazardous conditions should be excluded from the list of obligatory conditions of an employment contract, since not every employee is hired under such conditions..

Key Words: harmful working conditions, hazardous working conditions, labour protection, labour function.

	Abstract	Kustova Margarita Vasilyevna Read the Article: The Essence of Philosophical Know-ledge: from Antiquity to the Present
With the help of philosophy the world is known. There are many philosophical teachings with various cognitive techniques. There are many ways of understanding the world: empirical, religious, scientific and philosophical. Philosophy plays an important role in people’s lives, it is the starting point of knowledge, which depends on the subjective reasons formed from personal experience and objective, independent of it. Philosophy is a rationally grounded, theoretically developed worldview, but there are also irrational directions of philosophy. Many people ask the question where the border between philosophy and other systems of worldview is. If we take into account religion, the boundary between these systems at different times blurred, and the interpenetration of each other gave rise to new questions and teachings. There is no final answer to the questions of philosophy, there are different points of view. Philosophy helps to think about the questions of being or about one’s own position on any issue. It plays an important role for each person, as forms humanistic values. Man, as a deep-thinking matter is increasingly aware of itself as an active factor in the surrounding natural environment
Key words: philosophy, cognition of philosophy, man, worldview, essence of philosophy, problems of philosophy, life-affirming role of philosophy.

Lyubitskaya Yelena

Vasilyevna,

Ufimtseva Yuliya

Yevgenyevna,

Tsorayeva Eleonora

Nikolayevna

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State Cadastral Accounting of Real Estate Objects

Abstract

This article presents the concept of state cadastral accounting and defines its purpose both from the state and from the owner of the property, and considered the procedure for implementing property registration on state cadastral registration. Attention was also paid to cases in which it is possible to suspend or refuse to carry out state cadastral registration. It is noted that the legislative and executive bodies of state power of the Russian Federation are taking various measures that are aimed at solving problems in the state real estate cadastre, as well as simplifying and bringing to a more convenient form the procedures associated with the posting of real estate objects to state cadastral registration. This policy in the field of land and property relations leads to an increase in the quality of public services rendered, as well as the streamlining of information about immovable objects and their owners in the implementation of the state real estate cadastre.

Key words: state cadastral registration, real estate object, immovable property, technical plan, capital construction object.

	Abstract	Matveyev Andrey Viktorovich, Matveyeva Anna Vasilyevna, Ukraintsev Maksim Mikhaylovich Read the Article: The Use of New Technologies by Farms of Krasnodar Krai in Greenhouse Vegetables Cultivation
The articles touches upon new technologies in production of vegetables in hothouses by the farms of Krasnodar Krai. According to statistics, the farms of Krasnodar Krai produce one sixth of the vegetables in the region. The authors consider the classification of greenhouses in terms of purpose, operating time, cultivation technology, type of material, and heating source. The article provides the analysis of advantages and disadvantages when using new technologies in greenhouses, such as hydroponics, drip irrigation, climate control, and LED lighting. The authors come to the conclusion that the use of LED lighting will, in future, reduce energy costs and regulate the growth and development of plants by regulating the wavelength. The use of LED lighting allows us to create a so-called city farm, which is an actual solution for growing vegetables within the boundaries of large cities. The joint use of these technologies would create an effective farm for growing vegetables
Key words: vegetables, peasant (farm) farms, indoor soil, greenhouse, new technologies, hydroponics, drip irrigation, climate control, led lighting

Matveyeva Anna

Vasilyevna,

Mizina Angelina

Sergeyevna,

Yarotskaya Yelena

Vadimovna

Read the Article:

State Land Supervision as
a Tool of Land Resources
Management

Abstract

This article analyses the state land supervision in the Russian Federation in 2017. The most frequent violations of the land legislation, namely, according to Article 7.1 of the Code on Administrative Offences (44.7% of the total number of violations) and Article 8.8 of the Code on Administrative Offences (11% of the total number of violations). The article lists the size of administrative fines for officials and legal entities in accordance with the Code of administrative offences of the Russian Federation. The connection between the state land supervision and land resources management is revealed. The authors propose the ways to improve the quality of the legal culture of the company to reduce violations in the field of land legislation through the use of mass media and open days with the participation of land supervision bodies and administrations of various levels

Key Words: land supervision, land plot, land legislation, violation, unauthorized occupation of land, fine.

	Abstract	Mikhleva Irina Igorevna Read the Article: Problems Regarding the Imposition of an Administrative Ban on Visiting Sports Venues During the Official Competitions
There are some problems in the imposition of an administrative ban on visits to the venues of official sports competitions on the days of their holding, such as identification of a person who is subject to an administrative ban at the entrance to the sports facility. In order to ensure public safety, it is necessary to take special legal, organizational, and tactical measures. The article identifies the duties of the police in the framework of the norms of Art. 12 and 17 of the Federal Law No. 3-FZ On Police. The execution of the decision in the case of an administrative offence consists of several stages: entry of the decision into force, bringing the decision to execution, and enforcement of the decision when the actual execution of the sentence takes place. When preparing for the protection of public order and ensuring public safety during official sporting events, information on individuals contained in the list is requested in the MIA General Administration for protection of public order and interaction with executive authorities of the Russian Federation constituent territories. Having the information, the organizer of an event takes measures to prevent such persons from entering the sports facility during the period of the administrative ban
Key words: administrative punishment, administrative ban, sports competitions

Netishinskaya

Lyubov Fedorovna,

Penkova Alla

Sergeyevna

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On the Issue of the Legal Regulation of the Concept of Agricultural Producer

Abstract

The article analyzes the current legislation in the field of regulation of legal status of agricultural producers. The authors consider the concepts and the main features of agricultural producers found in the legislation of the Russian Federation. For this purpose, the authors analyse chiefly the legislation on development of agriculture, as well as the civil legislation, the tax law, the legislation on agricultural cooperation, on peasant farms, and on financial improvement of agricultural producers. The article raises the issue of legislative regulation of a concept of agricultural producer. There is a nonuniformity in the definition of agricultural producer in regulations. This notion includes various list of subjects, depending on a source where it is consolidated. The authors propose to include a unified definition of agricultural producer in all the regulations, and this definition should meet all the features of the agricultural producer.

Key words: agricultural producer, organization, peasant farm.

	Abstract	Neshko Yekaterina Maksimovna, Shevtsov Vladimir Viktorovich Read the Article: Insurance Fraud: Criminal and Econo-mic Aspects
In today’s world, insurance companies play an increasingly important role for both national and global economies. Among the functions carried out by these organizations are accumulation and redistribution of capital, therefore, in terms of huge amounts, insurance companies have a significant impact not only on economic but also on social, and sometimes even political processes. The economic importance of such organizations are not only the interest of the society and state institutions, but also of representatives of criminal associations. The article states that the upward trend in socially dangerous acts (fraud) on the part of the individual subjects of criminal organizations in the field of insurance, explores the mechanisms and motives of their commission and offers separate areas to counteract them in order to minimize the consequences.
Key words: : fraud, insurance, insurance contract, insurance companies, insurance fraud, mechanism of commission of an offence, economy

Nikitenko Dmitriy

Yuryevich

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The Legal Status of Civil Servants in PreRevolutionary Russia

Abstract

The article discusses the features of legal regulation of the status of civil servants in pre-revolutionary Russia. The paper analyses the process of modernization of public servants’ activity, their rights and obligations, and other elements of their legal status. For all the time of its existence, the institution of public service has become a fairly powerful state mechanism that was supposed to maintain relations between society and the state. It is noted that, since the 15th century, civil servants have had a great government influence. They carried out their activities directly on behalf of the state and were provided with various guarantees, the most important of which was seniority

Key words: civil servants, grades, Table of Ranks, personnel policy.

	Abstract	Nikulina Sofiya Alekseyevna, Yushko Aleksandr Viktorovich Read the Article: On the Issue of Legal Regulation of the Municipal Order
In this article, the authors examine the features of the placement of the municipal order in the Russian Federation. In order to study the issue in full detail, the article touches upon the principles of implementation of the municipal order (the principle of transparency, accountability of procedures, open competition, fairness, efficiency of competitive procedures, voluntariness), the stages of its formation and execution, methods of placement (competition—open, closed, and two-stage, electronic auction, request for quotations, purchase from a single supplier). The authors consider such concepts as the municipal order, the municipal contract, the subject of the municipal order. The article also specify who has the right to act as the customer and the participant in system of the municipal order. The article presents the problems directly related to the sphere of actual municipal order (the problem of dishonesty of suppliers).
Key words: municipal order, principles of implementation of the municipal order.

Ochakovskiy Viktor

Aleksandrovich,

Khokhlova Diana

Ruslanovna

Read the Article:

Securing and Protection of the Citizens’ Rights and Freedoms by Bodies of Local Self-Government in the Russian Federation

Absract

The protection of public order and of the rights and freedoms of the citizens are carried out at the level of local governments. They secure complying with the relevant laws and other regulatory legal acts in their territory. In order to address the issues related to the powers of local self-government in the field of protection of the rights and freedoms of citizens, it is necessary to consider the powers that are exercised by the same bodies in general. Local governments, in the limits where their competence borders, can impose administrative penalties on citizens or officials for committed offences. They can also take measures associated with holding various meetings, rallies or any street processions, demonstrations etc., can perform registration of public associations of the population. Local governments have the right to carry out registration of mass media in the territory subordinated to them and also to direct local law-enforcement bodies.

Key words: organs of local self-government, municipality, and powers of local governments separate state powers, intergovernmental relations.

	Abstract	Palanskiy Anton Vladimirovich Read the Article: Features of Law Enforcement in International Private Law
This article discusses public relations complicated by a foreign element, as one of the features of law enforcement in international private law. The author analyses topical issues of law enforcement in private international law. The article provides the analysis of the national legislation of the Russian Federation in order to find the gaps in conflict control. The author presents solutions to legal contradictions that are caused by duplication and (or) misinterpretation of the norms. According to the author, it is necessary to find compromise solutions, to work out universal tactics of interaction on various levels, and to realize joint programmes aimed at solving the problems that arise from law enforcement in international private law. Only joint efforts at solving these problems may give rise to really ‘flexible’ practice which will allow to solve collision problems connected with law enforcement in private international law
Key words: conflict rules, foreign element, law enforcement, gaps in conflict control.

Pelipenko Marta

Sergeyevna

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Some Issues of the Form and Content of a Labour Contract in Practice

Abstract

In this article, the author reveals the importance of the employment contract, its form and content both from the point of view of legislation and practice. The author also presents the problems associated with the essence of the employment contract itself and its conclusion as an important aspect in the following protection of the rights of either party to it. As is generally known, theory and practice often don’t correspond to each other in jurisprudence, that is why it is reasonable not only to explain the norms consolidated by the legislator, but also show how they act in practice. After presenting each problem, the author suggests ways to resolve them not only at the legislative level, but also explains how this will work in practice.

Key Words: : labour law, legislation, problems of labour law, labour contract, form, content, conclusion.

	Abstract	Popova Anastasiya Aleksandrovna, Spirina Veronika Aleksandrovna Read the Article: The Rationalistic Foundations of the New European Utopianism: Francis Bacon
The article explores the application of the concept of rationality in the field of building a social concept that has a utopian character. F. Bacon’s New Atlantis treatise is just such a utopia, separated from other works of the utopian genre. New European rationality suggests the possibility of comprehending the principles and laws of being, including the present, which is considered as an ordered mechanism, an automaton subordinate to the laws of logic, reason, and reason. In addition, modern European rationality is deeply connected with an active approach to the natural world, to social reality. The article discusses Bacon’s application of the principles of rationality to the construction of the concept of an ideal social organism, which would be guided by scientific research, and would preserve well-being with the help of technical products that also contribute to the stable existence of society.
Key words: rationality, utopia, F. Bacon.

Romanenko Yegor

Vladimirovich

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Some Legal and Economic Aspects of Deoffshorization in the System of Foreign Economic State Interests of Russia

Abstract

This article considers the international legal issues regarding the activities of offshore organizations. An offshore company is a capital-attracting financial center that performs this function by providing tax and other benefits to non-residents of the country who have registered their economic activities through the creation of a legal entity in the offshore territory. In accordance with Russian legislation, offshore zones are considered as a form of entrepreneurship in which state control over antimonopoly authorities is aimed at preventing abuse of the rights of entrepreneurs. State-controlled transactions and other actions also require the provision of documents and information on more than 5% of the applicant’s shares owned by their nominal owner. This requirement also applies to legal entities with state registration. in offshore zones. The author concludes that offshore poses a considerable threat to the economy of the country from which capital outflows are made. In the emerging competitive conditions along with cost savings, tax minimization becomes the main task for the state. So, many organizations registered in offshore zones, save on tax payments. In view of this, in order to conduct an effective deoffshorization process, it is necessary not only to legislate legal prohibitions, but also to create a favorable investment climate..

Key Words: fight against tax evasion, deoffshorization, international cooperation, offshore jurisdictions, offshore zones.

	Abstract	Sarana Aleksandr Yuryevich Read the Article: Comparative Analysis of the Tax on Personal Income in the Russian Federation and Other Countries
The personal income tax is one of the most ancient ways of replenishment of the country budget. Currently, this tax type is applied in all developed and developing countries of the world. In most developed countries of the world, there is a progressive personal income tax, while in the Russian Federation the flat scale of taxation continues to operate to this day. The main rate is the 13% rate at which citizens’ income for work is taxed, regardless of the total income for the year. But not all income is taxed, and there is a list of deductions. For comparison, this article provides an example of taxation of other states, such as Belarus, Norway, the USA, China. Each of these countries has its own approach to this issue.
Key words: : income tax, personal income tax, taxation.

Sat

Bora-Sheeley

Aleksandrovna,

Soyan Shonchalay

Chudurukpayevna

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Statistical Analysis of Construction and Investment Activity of the Republic of Tuva

Abstract

This paper presents the dynamics of the main statistical indicators characterizing the construction sector of the region’s economy: the number of organizations operating under construction contracts, data on their material and technical base, and the amount of work performed by the type of economic activity of the construction industry in the Republic of Tuva. It is a depressed region of Russia, where there is a significant decline in the volume of industrial and agricultural products, low wages and incomes, high unemployment. The instability of economic processes is accompanied by a high level of social tension, crisis phenomena in the basic sectors of the economy, housing and communal complex, social sphere and infrastructure sectors. In recent years, the region has seen an increase in investment and construction activities, as new houses, schools, and kindergartens are being built. Nevertheless, compared with other regions of Siberia, the volume of investment in fixed capital remains the lowest in Tuva.

Key Words:construction, investment, economy of the region

	Abstract	Semenov Artemiy Vasilyevich Read the Article: On the Issue of the Legal Status the Control and Accounting Bodies of the Municipality
The article examines the legal status of municipal control and accounting bodies. The author considers the analysis of the control of the activities carried out by the subjects of the Russian Federation and the draft law on the accounting of organizations. The article also discusses the organizational shortcomings of the municipality in the area of financial control, starting with the structure of external contracts, and offers the countermeasures. The author examines the basic principles of creating and regulating the activities of municipal control bodies and defines two ways of forming control bodies. The article also describes, in accordance with the legislation of the Russian Federation, the principles of control over the city administration bodies, the structure of the control and accounting body and its duties on organization and carrying out external municipal financial control
Key words: hird parties, replacement of an inadequate defendant, legal status of the administrative defendant, interested persons, administrative claimant, administrative legal proceedings

Skhakumidova

Dzhulyetta

Anzaurovna

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Abstract

This paper discusses the formation of a public law-making initiative. This article explores the views and ideas of scientists on the interaction of local governments and other civil society institutions in the Russian Federation at the present stage on the example of such a form of their interaction as a law-making initiative of citizens living in the territory of a municipal entity. The author briefly analyzes approaches to the definition of the concept, its legal nature, and content. The author compares the implementation of this right in the Russian Federation and abroad. A law-making initiative may be taken by a group of citizens who have the right to vote. Draft legal acts on issues of local significance prepared by law-making initiative are submitted by citizens to the municipal council, the head of a municipal formation, the head of a local administration, and the local administration of a municipal formation. Representatives of the initiative group of citizens should be provided with the opportunity to state their position when considering the draft municipal legal act

Key words: politics, law-making initiative, personality activity, civil society.

	Abstract	Usenko Anatoliy Sergeyevich Read the Article: Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations
The transformation of civil legislation from September 1, 2014 led to a number of significant changes in the general part of the Civil Code of the Russian Federation. So, for the first time in this codified act, the concept of Corporate Agreement found its legal consolidation. In accordance with Art. 67.2 of the Civil Code of the Russian Federation, members of an economic company or some of them are entitled to conclude a corporate agreement among themselves on the exercise of their corporate rights. However, the reception of this institution and the lack of a uniform arbitration court practice gave rise to many disputes regarding the subject matter, the parties, the legal nature of this contract and is the basis for its further legal analysis. It is proposed to expand the subject of a corporate contract. It is noted that it is necessary to develop a standard form of a corporate agreement complicated by a foreign element, since such consolidation will allow its participants to avoid not only possible corporate disputes, but also legal conflicts. In the content of this agreement, in addition to the basic civil legal concepts, as well as the authentic translation into a foreign language, the confidentiality regime (trade secret) should reflect the use of a special account available only to a foreign investor, which will receive income from investment activities, the resolution of impasse (deadlock)
Key words: corporate contract, corporate relationship, participation, management, shareholder agreement, contract on the exercise of corporate rights, obligation, contract content, contract subjects

Khalturina Kseniya

Aleksandrovna,

Chernov Grigoriy

Yuryevich

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Some Theoretical Aspects of Tax Planning in an Organization

Abstract

Tax planning is an important part of the financial activities of an organization. Taxes constitute a significant part of the costs of any enterprise, and these costs are regular mandatory payments. Therefore, the planning of these payments is a prerequisite for an effective financial strategy of any enterprise, regardless of its form of ownership and type of activity. Despite this, there is no generally accepted definition of tax planning in an organization. In this work, the authors analyse the process of tax planning step by step, as well as the main factors that affect the effectiveness of tax planning. In this work, the authors pay a special attention to the institution of tax administration. The authors conclude that this legal institution tends to grow, which undoubtedly contributes to the practice of tax planning. Tax planning can greatly affect the final financial result of the activities of an organization, which reflects the topicality of this issue.

Key Words: tax planning, taxpayer, organization, taxes, tax liabilities, benefits

	Abstract	Atoyan Liliya Valeryevna, Badeyan Artem Edvardovich Read the Article: On the Issue of Uneven Regional Development in the Russian Federation
Development of intergovernmental relations occupy an important place in the entire budget system and ensure both its stability and the stability of the whole country as a whole, especially in a state with a federal territorial structure. The Russian Federation needs to solve the problems associated with the optimal construction of the mechanism of interbudgetary relations, which will solve the problem of uneven regional development. Today, Russian federalism is confronted with problems of high centralization of tax authority, the establishment of tacit proportions for tax crediting at the level of budgets, and the amount of subsidies and subsidies to recipient regions is decreasing. It emphasizes the need to transfer the subsidized region to the gradual self-provision through the effective collection of taxes that form the budget of the subsidized entity. The authors noted the need to develop the practice of economic cooperation between the deficient and surplus regions.
Key words: intergovernmental relations, donor region, recipient region, grants, subsidies

Voronin Daniil

Sergeyevich,

Litvinov Nikolay

Ruslanovich

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Some Legal Aspects of State Registration of a Trademark

Abstract

In accordance with the current Russian civil legislation, a rather wide list of types of symbols and their combinations is provided, which can be registered as trademarks. This list is not exhaustive and offers great opportunities for the registration of trademarks. But at the same time, the current Russian civil legislation provides for a number of grounds, in the presence of which the registration of the claimed designation as a trademark may be refused. It is noted that to implement the procedure of state registration of a designation as a trademark, it is necessary to take into account the features of each specific designation. Difficulties arising in the law enforcement activity of the registering authorities when assigning a symbol to a certain type of mark are caused by the vagueness of the wording contained in the Rules for drafting, filing and considering an application for registration of a trademark and a service mark. The use in the composition of a trademark of elements and methods used as an independent type of mark causes difficulties in establishing the visa of the mark. A new type of traditional sign should be developed to clarify the study of the combined designation. It is also necessary to distinguish a graphic trademark in a separate category, by which one should understand the variety of a combined trademark, which is accompanied by various graphic and non-standard graphic techniques of use.

Key words: trademark, goods, state registration, grounds for refusal of state registration, legal entity, individual entrepreneur

	Abstract	Beysenbayev Ruslan Maratovich Read the Article: The Evolution of Metaphor Understa-nding in Foreign and Russian Linguistics
This article examines and analyses the evolution of the definition and understanding of artistic and conceptual metaphors in terms of the study of this phenomenon by different scientists in international and Russian science. It also considers how the attitude towards metaphors changed and evolved during the historical development of mankind. Emphasis is placed on the currently dominant theory of conceptual metaphor and the prevailing theories of metaphor at different times in history are summarized and classified by period. The role of metaphor as a cognitive mechanism is important for modern science, since metaphor makes it possible to comprehend abstract concepts, especially in science. Scientific and technological progress and various scientific discoveries open up new knowledge that requires verbal models, namely metaphors, as analogies are drawn through metaphor, which allows us to impart brevity, clarity and expressiveness to new thoughts.
Key words: metaphor, conceptual metaphor, CMT.

Chernoshtanova

Yuliya Igorevna,

Yushko Aleksandr

Viktorovich

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The Issue of Restrictions on the Right to Freedom of Movement in Closed
Administrative Territorial Units in the Russian
Federation

Abstract

The article touches upon the issues of providing one of the types of administrative and legal regimes—the regime of closed administrative territorial formation. The authors pays attention to the normative acts that determine the legal status of closed administrative territorial units. The author considers the issue of legislative restriction of the constitutional right to freedom of movement of citizens living and (or) working in the territory of a closed administrative territorial unit. The authors says that the closed administrative territorial unit is limited by the perimeter fence, and the passage to the territory is carried out through the checkpoints. The article stipulates the grounds for arrival and stay in the territory of a closed administrative territorial unit. Such a unit is the most important object to the state, which represents an increased hazard due to the enterprises operating on its territory. Therefore, the establishment of the entry regime is a necessary measure to ensure the security not only of the residents, but also of the entire country.

Key Words: closed administrative territorial unit, lawfulness of restriction of rights and freedoms, access control

	Abstract	Shmeleva Veronika Alekseyevna Read the Article: Mediation as an Alternative Way to Resolve a Dispute in Russia
The main way to resolve the conflict in Russia is the court, since the judicial system for society is the most authoritative and well-established. However, due to the heavy workload of the courts, alternative methods of conflict resolution deserve special attention. In this article, the author provides an analysis of the relatively new procedure for the Russian legislation of mediation as a method for resolving a dispute involving a third party. The article compares the mediation process with traditional judicial dispute resolution methods, highlights the advantages and disadvantages of mediation as an extrajudicial way of resolving a dispute. The author comes to the conclusion that it is necessary to improve the norms of substantive and procedural law in the scope of regulation of the mediation procedure. To ensure the successful integration of mediation mechanisms and methods, an integrated approach is needed based on the interaction of various representatives of the legal community and society as a whole.
Key words: closed administrative territorial unit, lawfulness of restriction of rights and freedoms, access control.

Shmeleva Veronika

Alekseyevna

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The Issue of Copyright Protection at the International Level

Abstract

Today, the issue of legal protection and protection of authorship as an object of intellectual property is one of the most pressing. Intellectual property is a very vulnerable object of offenders and requires special attention in improving the defenсe mechanisms. Today, at the international level, the World Intellectual Property Organization and the World Trade Organization deal with intellectual property issues. In this article, the author comes to the conclusion that, despite the substantial number of adopted international legal acts, there are still conflicts and significant gaps in the legal regulation of these issues. For example, in international treaties, the subject of transferring copyright to a work is almost not affected.

Key words: lcopyright, copyright holder, intellectual property, copyright protection, international legal protection.