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    No. 31, September 2019  

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    № 31, сентябрь 2019

    Table of Contests                   
                           

     

      Batayev Aleksey

    Vladimirovich

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    Evaluation of the effectiveness of a cloud automated banking system

       
         Abstract        
      At the present stage, one of the most promising forms of using cloud computing in the financial sphere called cloud-based automated banking systems is forming, making a new paradigm in the field of financial institution management. The author conducts research in the field of economic efficiency of the cloud banking system in comparison with the traditional automated banking system
     

     

    Key Words: information technology management, innovation, cloud computing, financial institutions, cloud automated banking systems.

     

            Abstract           

     

    Gunai Aminat

    Chemalevna

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    On the issue of responsibility for 
    promoting refusal 
    to vaccination

     

    The author analyzes the need for the adoption of standards within the framework of modern realities to adopt rules governing the responsibility for promoting refusa lo vaccination. The research in the article reveals the concept of propaganda and carries out an analysis of the prereuisitest hat form the need for the lawmaker to respond by imposing sanctions for the promotion of refusal of vaccination. The author justifies the need for introducing criminal, and not other types of liability, and also argues for the allocation of a special, and not a common subject within the framework of the crime in question. The article provides statistical data, opinions of representatives of the domestic medical community, which can be considered as arguments in support of the author’s opinion. The result of the study is an offence proposed by the author for inclusion in the Criminal Code of the Russian Federation   

     

     

    Key words: vaccination, citizens’ rights, advocacy, post-vaccination complications, medical workers.

     

     

     

     

     

    Embulaeva Natalia

    Yurievna,

    Bagiryan Alla

    Gevorgovna  

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    Globalization processes and their impact on national legal systems

             Abstract    
      This article discusses the causes of globalization. The author investigates the question of the manifestation of globalization processes in the legal sphere of society and notes its influence on national legal systems. The writer identifies the main directions of the impact of globalization on national legal systems. In the author’s opinion, it is impossible to consider further individual national legal orders, because the rules of law are unifying, international norms become part of national legislation and the ideology and methodology of law are changing. The writer have formulated the problem questions of the course of globalization processes in the legal and economic spheres and ways to solve them. He also indicated on the emergence of anti-globalization movements as a desire for national self-preservation. Within the economic sphere of society, there already are mechanisms, whichoperateand designed to minimize the negative impact of globalization on national economies. In addition, the author proposes to envisage and develop similar mechanisms for the legal sphere, in order to preserve national diversity, cultural identity, traditions and customs of peoples, which makes them unique and inimitable.
     

     

    Key words: globalization, globalization processes, national legal system, law, legal system, economic sphere, legal sphere, unification.

     

            Abstract           

      

     

    Ivanenko Anna

    Vladislavovna,

    Malkova Ylia

    Aleksandrovna  

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    Historical and legal analysis of formation of the soviet penential system (1937-1941)

    The article discusses the historical retrospective of the formation of the regulatory framework governing the period of the formation of the prison system in the prewar years. The analysis of statistical indicators of prisoners held in places of deprivation of liberty is carried out. The features of the status of a prisoner of war and the grounds for recognizing him are investigated. The elements of the Soviet penitentiary system are systematized: prisons, forced labor colonies, forced labor camps, labor educational colonies for minors, detention centers for children, prisoner of war camps, special camps and special hospitals that were part of the criminal-executive system of the NKVD of the USSR. The goals of the creation and functioning of each of them are determined - from isolation, training and re-education of juvenile offenders to imprisonment and forced labor with corrective labor exposure or the death penalty. The findings contain an assessment of the reasonableness and effectiveness of the prison system formed at the initial stage of functioning   

     

     

    Key words: penitentiary system, penal system, directives, decisions of the Council of People’s Commissars.

     

     

     

     

      

    Lavrentyeva Irina

    Alekseyevna

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    Unfinished crime qualification issues

       
         Abstract        
      The imperfection of the current criminal law and criminal law assessments of crimes, including unfinished ones, indicate the relevance of the topic of this study. Bringing crimes to their commission is not a ground for criminal legal assessment or inactionas an inchoate crimes. The author, among the legislative acts, notes the lack of clear regulation of the unfinished crime which enshrines the signs in various articles of the criminal law, and legislative workload and thoughts regarding the identification of essential signs; the lack of specific legal qualification of provisions for an inchoate crime for an elimination of which the writer suggests to present the article No 30 of the Criminal Code of the Russian Federation in the new version
     

     

    Key Words:crime qualification, unfinished crime, assessment, corpus delicti, attempted crime.

     

            Abstract           

     

    Neshko Yekaterina

    Maksimovna

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    The interrelationship between international private and national law in the regulation of labor relations of migrant workers

     

    The recently growing trend of migration processes, caused by the unfavorable economic situation, mass unemployment, civil wars, has both positive and negative effects on the Russian labor market that indicates the need for further legal regulation of labor relations caused by a foreign element. The article provides a comparative analysis of the international private and national laws in the field of regulation of labor relations of migrant workers. The author notes that the possibility of applying interstate regulation of the employment contract in the theory of private international law is traditionally performed by taking into account the unifying principles of private law regulation. The writer comes to the conclusion that it is necessary to create an interstate principle of the will autonomy of labor relations caused by a foreign element, by limiting this principle within the limits of the prohibition of employee deterioration in compare with the country’s peremptory norms with which the employment contract is associated   

     

     

    Key words: labor migration, labor migrant, foreign worker, conflict regulation, autonomy of will.

     

     

     

     

     

    Pogosyan Ruzanna

    Robertovna, 

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    The features of business plan development of enterprise

             Abstract    
      The article discusses issues related to the features and importance of business planning in enterprises. Two groups of goals that pursue enterprises in the preparation of a business plan, are as followed: internal and external goals. The author considers features of the business plans preparation, their structural components and the amount of necessary information, depending on the main goals of writing. The following part describes the basic principles of business planning used in the preparation of plans that are closely interrelated, orienting the company to the best achievement of work results, and discusses the special principles that must be observed to create a high-quality business plan. Also, the work substantiates the need to write a business plan to solve the main tasks of successful business organization. A well-prepared business plan of the enterprise contributes to the organization of management, serves as a tool for assessing the effectiveness of the organization, and it also helps to attract investors and creditors.
     

     

    Key words: business plan, investments, financing, principles, features, business planning

     

            Abstract           

      

    Ravochkin Nikita

    Nikolaevich

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    Law essence disclosure through the appeals to modern socio-philosophical conceptions

    The article discusses options for understanding the phenomenon of law from the perspective of modern socio-philosophical concepts. Given the realities of the domestic crisis of justice at the present time, the author makes a distinction between norms: technical, ethical and legal. Defining social transformations, it is necessary to pay attention to the fact that legal regulation de facto permeates into many spheres of public life. The author proves the relevance and topicality of the philosophical analysis of law, which is aimed to revealing the ultimate content of its essence. Moreover, he presents and analyzes the modern philosophical and legal concepts: analytical, hermeneutic and postmodern traditions. The author proposes to take into account the need to create a synthetic ideological framework that maximally contributes to the disclosure of the essence of law as a social regulator, as well as legal reality   

     

     

    Key words: law, society, socio-philosophical concepts, ideas, analytical philosophy, hermeneutics, postmodern

     

     

     

     

     RudenkoYevgeniya

    Yuryevna

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    To the discussion of the electronic individual as a possible subject of law

               Abstract  
      The digital economy is developing rapidly not only in the world, but also in Russia. Robotic devices are being introduced even where it would seem impossible. New areas are emerging for the use of such devices. Along with the term “robot”, the term “electronic individual” were began to be actively used. Although the scientists propose definitions and consider issues of legal personality, disputes surrounding the concept of “electronic face”, its essence, its potential to be a subject of law, do not subside. In this work, the author tried to consider the issue of whether an electronic individual is necessary as a subject of law and how does it fundamentally differ from existing legal phenomena - an individual and a legal entity. The author comes to the conclusion that at present there is no need for an electronic individual as a new subject of law.
     

     

    Key words: : individual, electronic individual, natural person, legal entity, robot, subject of law.

     

            Abstract           

     

    Saakyan Mariya

    Artemovna

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    Notarial certification of transactions in electronic form

    This article discusses the possibility of certification of notarial transactions in electronic form, due to the rapid and progressive development of e-Commerce. Legal regulation, not that it is necessary, and it is simply necessary to improve, as well as notarial activity. It moves to a new information period of development, but there are both positive and negative points, which are described in detail in the article, all the pros and cons of innovations. The article also refers to increasing the objectivity of such electronic document management, which guarantees and protects the legitimate rights and interests of citizens and legal entities in transactions in electronic form and their notarization. Also, the article identifies shortcomings at the legislative level, and ways to resolve them.   

     

     

    Key words: information technology, e-Commerce, legal regulation, notarial activity, society, state, transaction, counterparty, court, insurance documents, license

     

     

     

     

    Savitskaya Anastasia 

    Alexandrovna,

    Kudryavtseva Larisa

    Vladimirovna

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    Contractual relations in the procedure of surrogate motherhood

               Absract  
      The number of calls to assisted reproductive technologies in our country is increasing every year, the reason that is the deterioration of the reproductive functions of the population. With the increasing popularity of using modern methods of human reproduction, the number of fraudulent activities in this direction has also increased. The most common being committed when using surrogate motherhood (trade in new borns, extortion, and blackmail).To reduce the level of crime, it is necessary to resolve all issues in writing in detail by drawing up a contract. Unfortunately, domestic legislation does not establish a legally contractual procedure for formalizing legal relations in the field of surrogate motherhood. This article discusses the important problem of the lack of legal regulation of contractual relations between participants in the surrogate motherhood procedure, formulates suggestions for improving the legislative regulation of this method of assisted reproductive technologies, and analyzes gaps in the legislation
     

     

    Key words:surrogacy, contract; assisted reproductive technologies; surrogate mother; potential parents.

     

            Abstract           

     

    Sapronov Ivan

    Igorevich, 

    Sedova Natalya

    Aleksandrovna

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    Free use of works in the public domain

    The author presents and analyzes such concepts of copyright as the free use of works and the public domain. The article investigates the legislation regulating social relations arising from the free use of copyright objects, as well as different points of view of scientists, also known as civilians, about the current legal regime and prospects for the development of the relevant legal regulation. Particular attention is paid to the composition of copyright objects that may be in the public domain, as well as the criteria for the protection of works of science, literature and art, which were recognized as objects of copyright. The writer makes an assumptions about the consequences of the introduction in the Russian Federation of payment for the use of works in the public domain   

     

     

    Key words: copyright, objects of copyright, free use of works, public domain

     

     

     

     

     

     

     

     

     

      

     

     

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