Epomen Scientific Journal 
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Belikova Anastasia Valerievna, Goncharenko Tatyana Vladimirovna Read the Article: |
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| The article substantiates the relevance of considering informal employment in the current conditions of the development of the domestic economy. The interpretation of the concept of "informal employment" is presented, its classification is highlighted. An analysis was made of the development of informal employment in Russia in the period 2019-2021, in particular, an analysis was made of the dynamics of the population employed in the informal sector, as well as an analysis of the structure of employees by type of employment. To reflect the current situation on the labor market, the indicators of informal employment in Russia were considered in the territorial context in the second quarter of 2022. Based on the analysis, a number of negative trends inherent in informal employment in Russia were identified, and a set of measures aimed at eliminating them in order to ensure a full restoration of the labor market was presented. | |||||||||||||||
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Key Words: informal employment, labor market, unemployment, economically active population. |
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Egorova Alexandra Alekseevna Egorov Roman Vladimirovich, Tebekin Alexey Vasilievich, Tebekin Pavel Alekseevich Problems of socio-economic transformation of the national economy |
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| The relevance of the presented study is determined by the high level of urgency of solving the problem of transforming the national economy in the current geopolitical conditions. The purpose of the presented studies is to perform predictive assessments of the prospects for the socio-economic transformation of the national economy on the basis of a multivariate analysis. The scientific novelty of the work consists in revealing the fact that the socio-economic transformation of the national economy in well-known scientific studies and documents has not yet been described as a system. The practical significance of the presented materials lies in the substantiation of the need for the rapid development of a national program for the systemic transformation of the national economy, capable of providing: overcoming the current economic crisis; intensive development of the national economy based on the implementation of a large-scale program of import substitution for the production of not only consumer goods, but also (primarily) means of production |
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Key words: problems, socio-economic transformation, national economy |
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Kolb Olga Dmitrievna Assessing the integration of the world's economies into global value chains |
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| Based on a system of indicators for assessing value added in exports, intermediate and final demand, an analysis was made of the effectiveness of the participation of the world's leading economies, including the United States, China, Germany, Russia, the Republic of Korea, Japan in global value chains, the role and place of these economies, their industries and the most significant enterprises in the system of the international division of labor. The change in the degree of integration of countries' economies into global value chains was estimated based on the calculation of the average annual growth rates of indicators of countries' participation in global value chains using the data contained in the TiVA (Trade in Value Added) international trade accounting system. Such an assessment makes it possible to identify trends in the change in the involvement of countries in global production systems and creates the prerequisites for the formation of a national foreign trade policy in the context of the economies of the trading partner countries that meets both domestic and foreign interests. | |||||||||||
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Key words: international trade, global value chains, value added trade, exports, foreign exports, final consumption, domestic market, foreign market, national origin value added in exports, foreign value added |
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Li Jiatong, Charaeva Marina Viktorovna Read the Article: Research of the external environment and external financial risks in the retail |
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| The article reveals the content and structure of external financial risks and environmental factors influencing their formation, which must be taken into account in their entirety when choosing financial management tools for companies. Based on the identified environmental factors and external financial risks, the study presents an analysis of the state of the modern retail market. The main trends on it are determined, which are formed under the influence of political, legal, socio-economic, foreign economic factors and the levels of currency, price, credit risks, interest rate and liquidity risks, formed as a result of the processes taking place in the market under consideration, are indicated. The results of the study can be used to adjust the financial management strategy, including the management of financial risks of companies in the current market conditions in Russia |
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Key words: external environment, financial environment, external financial risks, market risks, credit risk, liquidity risk |
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Nguyen Huu Duc Read the Article: Green Credit in Vietnam: Status and Development Strategies in Line with International Practice |
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The scientific article examines the state and development strategies of "green" credit in Vietnam in accordance with international practice. The statistics of lending to "green" economy projects by Vietnamese banks by sectors of the economy and special conditions for granting loans for green projects are given. In the course of studying the supervisory and control practices of central banks in developed and developing countries, regulatory strategies and a list of financial support tools for banks’ lending to green clients were considered. Three key areas of financial incentives for the lending activities of green banks have been identified and classified: macro- and microsupport, the creation of a "green" credit market, and the promotion of green lending. Conclusions and recommendations were formulated for the national financial regulator of Vietnam on stimulating and regulating support for banks’ lending to green projects.
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Key words:green credit, financial regulation, soft loans, interest rate subsidies
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Rudenko Ekaterina Igorevna The tax burden: calculation methodology, evaluation and analysis |
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| The paper considers the role of the organization's tax burden at the macro and micro levels, reveals the meaning of the concept of "tax burden". The methodology for calculating the tax burden by the Federal Tax Service in accordance with the Concept of the planning system for field tax audits is considered. The dynamics of the tax burden for the period 2020- 2021 was studied: the industry average and by type of activity. Possible reasons for the low tax burden that are not related to the use of tax schemes to reduce taxes (special tax regime, industry features, use of benefits) are identified. The analysis of the composition of taxes used in the calculation of the tax burden is carried out. The composition and structure of the income of the consolidated budget of Russia for 2021, administered by the Federal Tax Service and other departments, have been studied. An assessment is given to the methodology of the Federal Tax Service for calculating the tax burden and ways to calculate the real tax burden of an organization are proposed |
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Key words: tax burden of an organization, consolida |
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Shim Galina Andreevna The EAEU countries’ innovative potentials assessment and possible consequences their integration |
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| The article explores the EAEU states’ innovative potential and its effectiveness based on the Global Innovation Index indicators. An analysis of innovation indicators for the years before and after the EAEU formation showed that there were no significant changes in the EAEU countries’ position in the Global Innovation Index and its individual indicators and blocks. At the same time, joint activities in public services digitalization have shown the positive changes in the innovative results of countries that have achieved fairly good positions in the e-government development level ranking, including the development of ICT infrastructure: 3 EAEU members (Russia, Belarus and Kazakhstan) entered the category of countries with a high e-government development index. This is a good argument in optimistic prospects favor for the integration of national innovation potentials and systems within the EAEU framework. At the same time, trends and problems in the countries’ innovative development were identified, as well as the possible consequences of the Eurasian innovation system formation for science and economy, and the of international innovation cooperation activation. | |||||||||||
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Key words: innovation potential, global innovation index, EAEU, national innovation systems |
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| Abstract |
Bogomolova Kseniya Igorevna Read the Article: |
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| In recent years, there has been an increase in the number of committed armed attacks on educational institutions and prevented attempts to commit them on the territory of our country. The weak legislative framework, shortcomings in the preventive activities of the state and public organizations, the foreign policy and domestic situation give rise to nonoptimistic criminological forecasts for the coming years in the form of crime under consideration. These circumstances explain the relevance of the study of the causes of armed attacks by teenagers on educational institutions for the subsequent development of measures to prevent them. The subject of the study is the determinants of grave and especially grave crimes committed by adolescents when attacking educational institutions. Based on the analysis of statistical data, the legislation of the Russian Federation and judicial practice, the article examines issues related to armed attacks on educational institutions. The aim of the work was to identify the main reasons for the commission of armed attacks on students and teachers for the subsequent development of measures to prevent such crimes. To achieve this goal, the main general scientific methods, as well as the formal legal method and the method of legal modeling were used. Methodological basis: to achieve this goal, the main general scientific methods were used, as well as special methods, such as the method of selective statistical research, questionnaires (a kind of survey method). Results: The essential novelty of this work is that the article formulates specific measures to prevent and improve legislation in this area |
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Key words: schoolshooting, bullying, victim, armed attacks |
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Konovalova Maria Anatolyevna |
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| This article is devoted to the problems of the election and application of a preventive measure in the form of personal surety in the criminal proceedings of the Russian Federation. In particular, the absence of criteria fixed in the Criminal Procedure Code of the Russian Federation for guarantors was noted. The author examines the legislation of some foreign countries regulating the institution of preventive measures. This paper substantiates the conclusion about the need for legislative changes, the author's version of Article 103 of the Code of Criminal Procedure of the Russian Federation is given. | |||||||||||
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Key Words: preventive measures, personal guarantee, a trustworthy person, a guarantor. |
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Pantyuhina Inga Vladimirovna About some trends in the improvement of Russian criminal legislation |
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| The article examines the criminal law norms adopted in 2022, which confirm a number of trends in the development of Russian criminal legislation. Three such trends are shown as: excessively long and complex titles of articles of the Special Part of the Criminal Code of the Russian Federation; redundancy of independent regulation of similar crimes (splitting into separate articles); expansion of the number of crimes with administrative prejudice using in their constructions various signs characterizing the same element of the crime. On the basis of specific criminal law norms, examples of the expression of these trends are shown, their negative aspects and ways to eliminate or minimize them are indicated. The proposals to exclude from the titles of articles detailed descriptions of acts, signs of the subjects of crimes and the purposes of their commission, which are disclosed in their dispositions, are substantiated; on the unification of similar elements of crimes into single articles with their differentiation; on the replacement in the norms with administrative prejudice of the wording that the act will be committed "by a person after he is brought to administrative responsibility for a similar act within one year" with an indication of its commission by a person subjected to administrative punishment |
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Key words: title of the article, crime, signs of a crime, administrative prejudice, special signs of the subject of the crime, the purpose of the crime, the construction of the norm. |
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Khlus Alexander Mikhailovich |
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| The article discusses the importance of classification for building a general methodology for investigating corruption crimes. Attention is focused on the key role of criminal law provisions for the development of forensic classification of crimes. At the same time, the broader cognitive interest of forensic science determines the need to highlight the actual forensic grounds for classifying corruption crimes. The difference in opinions of scientists about this scientific category made it possible to identify problematic aspects associated with the lack of a unified methodological basis for its construction. It is concluded that the provision on the material components of the criminal system can serve as a methodological basis for the forensic classification of corruption crimes. General features of the elements of the material structure of these crimes will serve as the basis for their classification. This makes it possible to unite into one group criminal acts of a corruption orientation that are different in their content. | |||||||||||
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Key words: criminal law, forensic science, classification, corruption crime, investigation, general investigation methodology |
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Adzinova Zarema Timurovna, Smirnova Tatyana Nikolayevna Read the Article: Responsibility for the terrorist act
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| This article is devoted to the problem of combating the commission of a terrorist act on the territory of the state. This is due to the fact that terrorism is a threat to national security, political, economic and social stability of any country. Within the framework of this study, the criminal liability for committing or threatening to commit a terrorist act is analyzed. The authors considered the concept, general characteristics of this crime, as well as the features of establishing responsibility for committing crimes of a terrorist nature. In the course of the study, problems were identified related to the legislative structure of the relevant criminal law norms. On the basis of what the authors studied, proposals were formulated aimed at improving the legislative technique in the field of regulating responsibility for committing a terrorist act | |||||||||||||||
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Key Words: criminal law, criminal liability, act of terrorism, corpus delicti |
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Alekhin Vitaliy Petrovich, Bugayenko Yuliya Yuryevna, Serbin Sergey Vladimirovich |
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| This article analyzes the essence of copyright, considers its significance and regulation of its protection with the help of measures enshrined in the criminal legislation of the Russian Federation. The corpus delicti associated with copyright and related rights is disclosed, the structure of the corpus delicti is assessed. Additionally, the problems of the objective side, related to the appropriation of authorship and the onset of the consequences provided for by the corpus delicti, are investigated. Problems in sentencing and related facts of proof are considered. The problems of perception of property and personal non-property rights of authors and right holders are analyzed from the point of view of civil and criminal law, and the possibility of expanding criminal legislation in the field of intellectual property is modeled on the example of foreign legislation. Sharp questions of imperfection of the current criminal legislation are raised. |
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Key words: budget violations, liability for violation of budget legislation, budget legislation |
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Andreeva Maria Alexandrovna Features of the forensic characteristics of corruption-related crimes |
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| The presented scientific work examines the topical, today, topic devoted to a detailed study of the forensic characteristics of socially dangerous acts with a corruption component. The author turns his attention to the analysis of the most characteristic features inherent in such a concept as corruption. At the same time, this article provides for a forensic characteristic of corruption crimes, not to mention the development of individual components of this characteristic. The study focuses on the practical importance of forensic characteristics in the investigation of the presented category of crimes. According to the author, there is a need both to build and improve private forensic methods for investigating corruption crimes, and to test the results of future monographic studies among law enforcement agencies and the public. | |||||||||||
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Key words: corruption crimes, forensic characteristics, elements of the crime, preliminary investigation |
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Barkov Viktor Viktorovich Read the Article: Features of the main elements of the criminalistic characteristics of rape |
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| In the presented scientific article, a topic that is quite relevant today is considered, devoted to the study of the features that are inherent in the criminalistic characteristics of rape. The paper places special emphasis on the structural elements of the criminalistic characteristics of this socially dangerous act. Among other things, the modern scientific works of the most prominent lawyers and practitioners in this field are subjected to a detailed analysis. At the same time, the author of this study studies in detail the domestic legal acts regulating the presented legal issues. In conclusion, the author has formed some of the most basic conclusions regarding the studied material. Also, when drawing up conclusions, the author developed his own proposals aimed at improving the quality of the investigation of the crimes presented, as well as increasing the overall level of efficiency of the investigator's work during the investigation. |
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Key words: rape, investigation, forensic characteristics |
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Barkov Viktor Viktorovich Read the Article: Rape: a comparative analysis of Russian and foreign legislation |
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| This article provides a comparative analysis of domestic criminal law with the criminal legislation of several European countries. The definition of the concept of "rape" is given. The provisions of the Criminal Code of the Russian Federation, which provide for the composition of this crime, are analyzed. The criminal law of some foreign countries is being studied. It is noted that in some countries (for xample, the United States, the French Republic, Romania, the United Kingdom of Great Britain and Northern Ireland), both a woman and a man can be a victim of rape, while in the legislation of other countries (for example, the Republic of India) the victim of rape can only be a woman. Also, in the criminal legislation of different states, various qualifying signs of this crime are distinguished. In conclusion, the author proposes to make some changes to the provisions of the Criminal Code of the Russian Federation in order to improve it. | |||||||||||
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Key words:rape, comparative analysis, criminal legislation, sanction, criminal liability, violent actions. |
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| Abstract |
Vedenin Dmitry Vitalievich, Khodos Ivan Andreevich |
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| This article analyzes the problems that have arisen in connection with the inclusion of provisions on administrative prejudice in Article 157 of the Criminal Code of the Russian Federation. The authors consider the development of the institution of administrative prejudice in the criminal legislation of Russia, investigate the category of repetition contained in the specified article of the Criminal Code of the Russian Federation, and judicial acts issued with the application of this article. This article notes the positive effect of the changes made by the legislator (including in connection with the economy of criminal repressive measures) achieved in connection with the use of the institute of administrative prejudice. In order to eliminate the existing uncertainty of criminal legislation, the authors propose to clarify the related provisions of criminal legislation and legislation on administrative offenses regulating liability for non-payment of funds for the maintenance of children or disabled parents. |
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Key words: dministrative prejudice, criminal liability, alimony, repetition. |
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Savraskin Sergey Nikolayevich Criminological characteristics of prostitution, in the aspect of female crime |
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| The article reveals the connection of such phenomena in the social life of society as female prostitution and its criminological role in crime.Crime throughout the existence of mankind is a threat to the life of the population. The issue of the well-being of the population is important for the state, since any state considers its goal to ensure security and well-being in the state. In turn, the crime rate is influenced by various factors, and these are the negative social phenomena. The number of such phenomena is not limited and there are many of them, it is advisable to focus on those phenomena that occur most often. Such phenomena include: drunkenness, alcoholism, drug addiction and prostitution. The relevance lies in the fact that as long as humanity exists, crime will also exist, therefore it is necessary to consider negative social phenomena, under the influence of which or through them a large number of crimes are committed | |||||||||||
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Key words: crime, social phenomena, prostitution, women, problems |
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| Abstract |
Usenko Anatoliy Sergeyevich Read the Article: |
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| The article raises the issue of qualification of unfinished criminal activity. A criminal act is always an act that has a certain time interval. The norms of the special part of the Criminal Code of the Russian Federation provide for punishment for the commission of a completed crime - an act that contains all the signs of a crime. But the unfinished act of criminals can also provide public danger, which is why the criminal law establishes responsibility for preparing for a serious and especially serious crime and for attempting a crime. It is noted that an attempt to commit a crime is the second type of unfinished crimes: "deliberate actions (inaction) of a person directly aimed at committing a crime, if the crime was not completed due to circumstances beyond the control of this person." |
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Key words: unfinished crime, qualification, completed crime |
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Shabunko Yuliya Andreyevna, Kartavchenko Viktoriya Vladimirovna The state of intoxication at the time of the commission of the crime as an aggravating circumstance |
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| The state of intoxication in criminal law can be interpreted in different ways. So, it can be as a sign of a crime or its qualifying feature, as well as an aggravating circumstance. The latter, in turn, in judicial practice causes many difficulties, namely, in establishing the possibility of the influence of this state on the commission of crimes and the justification of such influence by the court. The article discusses the judicial practice of applying Part 1.1 of Art. 63 of the Criminal Code of the Russian Federation, establishes the signs necessary to recognize the state of intoxication caused by the use of alcohol, narcotic drugs, psychotropic substances or their analogues, new potentially dangerous psychoactive substances or other intoxicating substances, as an aggravating circumstance, and also offers recommendations for improvement of this institute | |||||||||||
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Key Words: aggravating circumstances; drunk; committing a crime in a state of intoxication caused by the use of alcohol, narcotic drugs, psychotropic substances or their analogues, new potentially dangerous psychoactive substances or other intoxicating substances |
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Grin Valentina Yevgenyevna Read the Article: F. M. Dostoevsky on the freedom and responsibility of a person
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| The dialectics of freedom and responsibility is the most important philosophical problem. In Russia, it is resolved and unfolds throughout the entire space of culture. Freedom and responsibility are the two most important factors underlying morality, spirituality of culture, incl. legal. The paper considers the categories of freedom and responsibility in the works of F. M. Dostoevsky, their features stand out. The opinions of various scientists and philosophers about the writer and his work are given. It is noted that in the works of F. M. Dostoevsky clearly traces the hope for the Russian people as an orthodox bearer of the highest good, moral and religious truth. According to the author, the freedom of F. M. Dostoevsky this is an eternal competition between good and evil, autonomy and heteronomy. And the writer's responsibility takes on the character of a universal and all-encompassing duty: "Every person is responsible to all people, for all people and for everything." The author believes that the ideas of F. M. Dostoevsky are relevant today. | |||||||||||||||
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Key Words: F. M. Dostoevsky, culture, freedom, responsibility, personality, morality, morality. |
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Avetisyan David Artakovich, Kovalenko Anton Gennadyevich, Sirotkin Vladimir Aleksandrovich Diversification experience in the practice of domestic and foreign companies |
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| Monitoring the activities of industrial enterprises in negative economic conditions can be positioned as a fairly relevant research task. This significance is due to the need for domestic organizations to search for new methods of development in the context of imposed sanctions and a destabilized economic situation. This article analyzes foreign experience in the diversification of production activities. Based on the example of Asian countries, the time frame necessary for the development of new activities is highlighted, the main trends and the role of public administration are outlined. Using the analysis of the strategies of large Russian industrial enterprises, four types of strategies are formulated, which are resorted to in negative economic situations. The paper notes discrepancies between the behavior of Russian and foreign organizations, and also proposes a list of proposed activities that will allow more successful development and implementation of a diversification strategy. |
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Key words: diversification, strategy, efficiency, foreign experience, domestic experience |
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Brailko Darya Vitalyevna, Kalugina Viktoriya Vladimirovna, Kotlyar Inna Alekseevna |
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| The current profit trend is forcing organizations to focus on their core business and offer a variety of new services to customers. To meet each of these requirements, an organization must develop innovations in collaboration with various stakeholders, including suppliers, customers, and users. While managers and researchers discuss the benefits of co-creative innovation, little is known about what motivates various stakeholders to engage in co-creation of innovation. In general, project management can be seen as a systematic and structured approach to how organizations manage their one-time activities. It is noted that the project manager must not only know the project management tools, but also use his skills to bring the interests of the working group in line with the goals of the project | |||||||||||
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Key words: cinnovation, profit, efficiency, enterprise, risks, stakeholders |
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Galkina Kseniya Aleksandrovna, Proshkina Ilona Dmitriyevna, Kotlyar Inna Alekseyevna Read the Article: |
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| The article defines the concept of human capital. It turns out what effect it has in the implementation of innovative activities. It is noted that the quality of education is a source of human capital reproduction. To carry out innovative activities, a person must constantly learn, be a professional in his field. Thus, there is a relationship between education, human capital and innovative development. Human capital can be considered as the national wealth of the country, which affects its economic growth. In this regard, the paper examines how much attention is paid to human capital in Russia. Possible reasons for the low level of human capital development and innovative development in the Russian Federation are indicated. It describes how the lack of human capital affects the innovative development and economic growth of business and the state. |
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Key words: innovations, human capital, education, intellectual capital, innovation activity. |
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Galkina Kseniya Aleksandrovna, Proshkina Ilona Dmitriyevna, Kotlyar Inna Alekseevna Read the Article: Development of the concept of financial management |
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| Financial management plays a key role in developing an enterprise development strategy. In this regard, the question is raised about the need to determine the ways of its development. The article considers the main stages of formation and concepts of financial management. Despite the fact that the concepts were widely used at the time of their creation, they are also relevant today and form the basis of financial management. A brief description of the basic concepts of financial management is given, the relationship of some concepts with each other is noted. The prerequisites for the creation of scientific approaches and concepts of financial management in the present and future are indicated. A forecast is made for the further conceptual development of financial management, and possible ways in which this development will go are indicated | |||||||||||
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Key words:financial management, concept, evolution, forecast. |
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Ivanova Inna Grigoryevna, Matyushina Anastasiya Sergeyevna Development of marketing research on the introduction of livestock products at the enterprise |
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| This scientific work discusses the prospects for the development of the livestock industry (meat and dairy) on the example of a separate enterprise. In particular, the possibility of increasing the economic efficiency of LLC "Agrofirma Competition" as a result of creating a livestock farm on its basis is being investigated. In the course of the analysis, the potential demand for meat and dairy products in the domestic market was determined both by the population and by enterprises engaged in bulk purchases; sales promotion measures are indicated; identified potential partners and competitors in the market; the factors of the internal and external environment of the organization were identified by applying the method of SWOT-analysis. As a result of the study, a number of measures are proposed, following which will allow Agrofirma Competition LLC to effectively implement a project for the production of raw milk and cattle meat. |
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Key words: strategy, marketing research, animal husbandry, demand, competitiveness, product sales, quality control, sanctions, risks. |
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Dolgopolyuk Erika Erikovna, Polinskaya Marina Valeryevna |
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| The article discusses the features of taxation of personal income in countries with developed economies. On the example of countries such as France and the United States, the most well-known and popular conditions, methods and tax mechanisms of social support are compared, taking into account the income of both one citizen and the family as a whole. Examples of income tax calculations are given depending on the class of the taxpayer and the amount of earnings using a progressive scale for levying a mandatory payment, a taxable minimum or a complete exemption of specific persons from its payment. It is noted that the use of financial support in the form of tax benefits, deductions, vacations and their improvement contribute to the achievement of the efficiency of the economy as a whole, and the use of the experience of the tax policy of developed countries in the Russian Federation can help reduce the tax burden for low-income citizenss | |||||||||||
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Key words: tax benefits, income of the population, social support, personal income tax, tax discounts. |
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Logacheva Veronika Andreyevna, Podmogilnaya Yulia Andreyvna, Kotlyar Inna Alekseevna Read the Article: |
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| This article examines the role of financial management in the modern economy. Financial management plays an important role in the development of enterprises, as well as the economic activity of the country as a whole. It occupies a special place in the management system due to the close relationship between finance and management, technology, resources, and personnel. To a large extent, not only the well-being and sustainability of an individual organization, but also the prospects for the development of the economy in general depend on the effectiveness of financial management. The paper also discusses the functions of financial management. It is noted that financial managers, in particular, are able to influence the economic situation in the enterprise. |
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Key words: financial management, competitiveness, economics, manager |
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Logacheva Veronika Andreyevna, Podmogilnaya Yulia Andreyevna, Polinskaya Marina Valeryevna Tax mechanisms of state support of citizens in Russia |
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| This article discusses the tax mechanism of state support for citizens and reflects the current tax mechanisms. Arguments are given in favor of the need for social support for citizens in Russia. It is noted that in order to encourage the population to act and work responsibly towards the sustainable development of the state, it is required to introduce tax incentives. The paper also explores the existing and most effective measures and tools to support citizens, as well as innovations aimed at improving the lives of taxpayers. The provisions of the tax legislation are analyzed. In conclusion, the authors propose to amend paragraph 3, paragraph 6 of Art. 210 of the Tax Code of the Russian Federation and increase personal income tax deductions for persons who received a disability due to the accident at the Chernobyl nuclear power plant or as a result of military operations in which the territory of the USSR and the Russian Federation was protected. | |||||||||||
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Key Words: mechanism, taxes, benefits, citizens, support, tools. |
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Logacheva Veronika Andreyevna, Podmogilnaya Yulia Andreyevna, Kotlyar Inna Alekseevna Read the Article: Innovative management as a factor of increasing competitiveness |
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| This article discusses innovation processes that are becoming the main factor in the development of innovation processes and the sustainability of economic growth and innovation. The paper defines such concepts as "innovation" and "competitiveness". Macro- and microeconomic factors of enterprise competitiveness are considered. It is noted that it is possible to achieve dominance in the market only with the introduction of innovative management, therefore, an important aspect of economic growth is the transition to innovative management. The authors give examples of the impact of innovative management on the competitiveness of an organization. It is indicated that innovations in management make it possible to implement new processes and knowledge in the enterprise when they are introduced. In conclusion, the author comes to the conclusion that innovative approaches are necessary in the context of market globalization. |
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Key words: innovation, management, competitiveness, enterprise, economics. |
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Nikitina Tatyana Viktorovna, Skalaban Mariya Pavlovna |
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| The article describes the mechanism of functioning of regulatory "sandboxes" in the world. The definition of the concept of regulatory "sandbox" is given. Its main advantage is indicated, which consists in partial exemption from regulatory requirements imposed on market participants by law. Approaches to the creation of regulatory "sandboxes" in the UK, Singapore, the United Arab Emirates and Australia are considered. The general principles of their work are revealed, such as the presence of a certain selection process, including the procedure for considering an application, the conditions and terms of testing. It is noted that a key consequence of the use of regulatory "sandboxes" is to increase the transparency of the processes taking place in the industry. The paper also analyzes the possibilities and limitations of the introduction of regulatory "sandboxes" in Russia. Conclusions are drawn about the prospects for further development of experimental legal regimes | |||||||||||
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Key words: regulatory sandboxes, digital innovation, digital economy, fintech. |
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| Abstract |
Serabina Miroslavna Aleksandrovna |
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| Risk management is often one of the most important processes in the development and implementation of innovations. It is high-quality risk management that allows an enterprise (organization) to develop and implement innovative products and technologies in the production process. The article presents the rationale for the need for effective risk management, considers the processes managed by the organization's risk management plan. This research paper brings together the most interesting and effective steps that project managers can take to manage projects while reducing risk. In addition, the significance of the qualifications of the project manager and the head of the organization in the field of risk management for the implementation of an innovative project is substantiated. As a result of the study, the role of risk management in ensuring the effectiveness of project implementation is noted. |
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Key words: innovations, innovation risks, risk management, innovation risk management |
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Skalaban Mariya Pavlovna, Nikitina Tatyana Viktorovna Review of approaches to the application of H. Markowitz’s portfolio selection model |
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| The article analyzes studies on the formation of a portfolio of securities. It is noted that the development of the securities market contributes to the expansion of investment activity, which imposes new requirements for assessing the effectiveness of financial investments. The scientific work describes the well-known mathematical model of Markowitz in the classical formulation, examples of its implementation by foreign and domestic economists are considered. Weaknesses and strengths of the model are revealed, as well as the possibility of its modification, including the use of methods of robust optimization and linear-quadratic control. Special attention is paid to alternative risk measures that take into account negative deviations of returns. Based on the analysis carried out, conclusions were drawn about the limitations of the practical application of the Markowitz model. Directions for further research in this area are determined | |||||||||||
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Andreyeva Mariya Aleksandrovna, Mironenko Nikita Nikolayevich Read the Article: Features of the provision of free legal assistance by a lawyer |
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| The scientific work discusses the features of the provision of free legal assistance by lawyers. The authors pay special attention to the analysis of the essence of free legal advice provided by lawyers. At the same time, the article examines some of the problematic issues related to the provision of free legal advice by a lawyer, and discusses the conditions for the provision of free legal assistance. The authors study the provisions of domestic legislation and modern legal doctrine. At the conclusion of the scientific work, a proposal is formed aimed at improving the current legislation in this area. In particular, it is proposed to legislate in Art. 26 of the Federal Law “On Advocacy and Advocacy in the Russian Federation”, a condition for remuneration of lawyers at the expense of lawyer formations, where the cost of a lawyer’s services will correspond to the average market cost of such services. |
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Key words: consulting, legal assistance, advocacy, principal, gratuitous nature. |
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Baryshnikova Yelizaveta Aleksandrovna, Pshenichnikova Darya Dmitriyevna Read the Article: |
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| This article is devoted to the analysis of land-legal disputes and the peculiarities of their resolution in the modern legal space of the Russian Federation, as they are essential in land legal relations. The author has reviewed and analyzed land legislation, its basic principles, guarantees of protection of disputed or violated rights of owners and non-owners of land plots, as well as mechanisms for implementing ways to protect them. In addition, the purpose of the work is to analyze the procedural rules for the consideration of disputes on land rights. Based on the analysis of the practice of applying the norms regulating land legal relations, it is necessary to identify ways to overcome the problems that arise as a result of the application of the norms of land legislation, as well as to improve activities related to the consideration of disputes on land rights | |||||||||||
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Key words: land disputes, land legal relations, judicial protection, arbitration court, courts of general jurisdiction, arbitration courts. |
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| Abstract |
Borsova Kristina Timurovna The principle of prohibition of discrimination in the exercise of the right to work |
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| The relevance of scientific work lies in the fact that, despite the existence of the principle of the prohibition of discrimination in labor relations, its manifestations are found in practice. Several articles in the Labor Code of the Russian Federation are devoted to this principle, and it is also regulated in a number of other regulatory legal acts. The prohibition of discrimination in the sphere of labor is one of the most important principles of modern labor law. It is the employee who most often experiences discrimination from the employer. Undoubtedly, this phenomenon undermines the foundations of democracy and fairness in labor activity. Its eradication is important so that citizens can freely dispose of their abilities to work, choose the type and scope of work, as well as professions that satisfy their internal needs. |
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Key words: discrimination, labor relations, employee, employer, labor activity. |
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Borsova Kristina Timurovna Features of legal regulation of peasant (farm) farms |
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| This paper examines some of the features of the legal regulation of peasant (farm) farms, in particular, the provision of a land plot, as well as the division of property of a peasant (farm) economy. The article also defines the concept of "peasant (farm) economy". The provisions of land and civil legislation are studied. The terms for concluding lease agreements for a land plot owned by the state or municipality are considered. In conclusion, conclusions are drawn regarding the studied material. Thus, the author proposes to grant a person who has newly joined the peasant (farm) economy the right to participate in common joint property. Unless otherwise provided by an agreement between participants in a peasant (individual) farm, this person shall acquire rights equal to those of other members of the farm. | |||||||||||
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Key Words: land plot, legal regulation, agricultural activity |
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Bochkovoy Andrey Alekseyevich, Likhopoy Vladimir Vladimirovich Read the Article: Principles and features of the activities of legal clinics at universities |
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| This work is devoted to the study of the principles and features of the activities of legal clinics formed at universities. The article analyzes the benefits of such a practice of legal consulting for students, as well as the tasks that are achieved through this consultation. The provisions of domestic legislation and the opinions of jurists in this area are being studied. The social significance of legal clinics is indicated, which is expressed in the fact that counseling in them is free, therefore, it is accessible to low-income and socially unprotected categories of citizens. In conclusion, the authors make a proposal to regulate the activities of these clinics by fixing at the state level the main directions of their activities, namely in Art. 26 of the Federal Law "On Advocacy and Advocacy in the Russian Federation". |
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Key words: consulting, legal clinic, practice, free assistance. |
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Vartanov Tigran Anatolyevich, Rubtsov Fedor Gennadyevich |
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| Evidential activity is of key importance in arbitration and civil procedural law. This is due to the fact that the legality and validity of the court decision are directly dependent on the correct establishment of all the factual circumstances in resolving the dispute. At its core, the process of proof refers to an indirect form of judicial knowledge, which occupies an important place in the administration of justice. In this article, the authors consider the problem of legal regulation of the subject of proof in cases of insolvency (bankruptcy) and the scope of its application in modern conditions of law. As part of the scientific work, the process of proving in this category of cases was studied. The attitudes of the participants in the process to the subject of proof are considered and a number of proposals for improving the subject of proof are presented. | |||||||||||
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Key words: bankruptcy, proof, arbitration process, subject of proof. |
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Vasilchenko Pavel Petrovich, Vyltsyn Andrey Aleksandrovich Read the Article: Evidence in civil proceedings in Russia and the USA: a comparative legal analysis |
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| The continental European legal system differs significantly from the AngloSaxon one. The discrepancies lie in the procedure for obtaining and presenting evidence to the court, as well as in the rules for their evaluation. This article provides a comparative analysis of the procedure for proving various legal systems on the example of Russia and the United States. The study touched upon the standards and principles of proof, the burden of proof, presumptions used in the evidentiary law of these countries. In the process of analyzing legal systems, it was found that in Russia at the moment there are no objective standards for examining evidence, and this process, compared with foreign countries, is subjective and closed. Based on the results of the study, the authors proposed steps to make this process more transparent and structured. |
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Key words: gal institution, law of evidence, examination of evidence, proof, rule of proof, presumption, standard of proof, burden of proof.. |
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Gavrilenko Ludmila Nikolayevna |
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| One of the most complex and urgent issues of the institution of insolvency (bankruptcy) is challenging the debtor's transactions. In the article, the author considers the theoretical and practical aspects of contesting transactions and other actions of the debtor, as a result of which material damage was caused to bona fide creditors. This paper analyzes in detail which transactions can be contested, and also examines the role of the arbitration manager and the subject composition of persons involved in contesting transactions. Attention is paid to potential subjects of challenging the illegal actions or inaction of the arbitration manager. Persons who do not have such a right are indicated (including persons who were previously in labor relations with the debtor). Based on the study, ways to solve the existing problems are proposed. | |||||||||||
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Key words:contestation of transactions, bankruptcy creditor, debtor, invalidity of transactions, insolvency, contestation of debtor's transactions |
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| Abstract |
Grebneva Yuliya Aleksandrovna |
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| The article discusses the features of the legal regulation of the invalidity of a will. It is noted that one of the common grounds for recognizing a will as invalid is the inability of the testator at the time of making the will to realize the significance of his actions and be guided by them. In conclusion, the author's proposals are formulated for improving the legislation on notaries and civil legislation on the legal regulation of the invalidity of a will. In particular, it is proposed to supplement the civil legislation with a norm regulating the special consequences of recognizing a will as invalid, acting on a par with the general conditions for recognizing a transaction as invalid, for example, the increment of the inheritance shares of the removed heir in proportion to the inheritance shares to the heir by law |
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Key words: testamentary inheritance, testament, voidable testament, void testament. |
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Gumerova Yelizaveta Sergeyevna, Sokol Viktoriya Aleksandrovna Problems of defining standards for the provision of free legal aid |
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| The article discusses the features of the standards for the provision of free legal assistance. The authors pay special attention to the problem of the lack of standards for determining the quality of services provided in the current legislation. The features of the activity of legal clinics, formed at universities and providing free legal services to citizens in need, are being studied. The provisions of the modern scientific doctrine, as well as legal acts regulating the presented legal relations are analyzed. In conclusion, the main conclusions regarding the studied material are formed. Thus, the authors propose several standards that can form the basis for determining the quality of legal services provided. At the same time, it is noted that they need to be fixed in the content of the Federal Law “On free legal aid in the Russian Federation”, which will contribute to a significant improvement in the quality of legal aid | |||||||||||
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Key words: legal assistance, counseling, legal clinic. |
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| Abstract |
Dmitrenko Anna Romanovna Read the Article: |
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| The provisions of the Housing Code of the Russian Federation provide for the rules for the provision of public services (water supply, sanitation, electricity, gas supply and heating). The use of the term “service” provides that, in addition to the provisions of housing legislation, the provisions of civil law apply to legal relations related to the provision of public services. The provision of public services finds its legal form through the conclusion of an agreement on the provision of this type of service. The article discusses the features of the contract for the provision of public services. It is noted that such an agreement contains elements of contracts of sale, paid services, contracts. At the same time, the author points out the lack of a proper conceptual apparatus that allows streamlining the process of law enforcement. In order to improve the legislation, it is proposed to make a number of changes to the provisions of the Housing Code of the Russian Federation. |
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Key words: provision of public services, homeowners association, management company, contract, provision of services, utilities |
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Zhukova Polina Stanislavovna, Malin Petr Mikhailovich Read the Article: On the issue of the applicant's procedural status as a participant in criminal proceedings |
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| In this scientific work, the author analyzes the legal status of the applicant as a participant in criminal proceedings. It is noted that the procedural status of participants in criminal proceedings has always occupied one of the most significant places in the criminal procedure legislation, which is why the study of this issue can be called relevant. The position of the individual in modern society is a reflection of the level of development of the legal culture of civil society, the degree of development of the legislative framework. In the course of the study, the problems of determining the procedural status of the applicant were raised due to the insufficient legal regulation of this status. The author proposes a list of rights and obligations that are subject to mandatory consolidation in a separate article of the Code of Criminal Procedure of the Russian Federation, included in Chapter 7 "Participants in criminal proceedings on the part of the prosecution" | |||||||||||
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Key Words: applicant, procedural status, rights, obligations, stage of initiation of a criminal case. |
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| Abstract |
Ionin Aleksey Vladimirovich The impact of the pandemic on the labor legislation of the Russian Federation |
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| The article deals with the topical issue of the impact of the COVID-19 pandemic on the labor legislation of the Russian Federation. In February 2020, the first cases of infection with a new coronavirus infection were detected in Russia, which meant the arrival of the COVID-19 pandemic in Russia. After that, changes were made to the Russian labor legislation, which led to the emergence of a number of problems in practice. The gaps identified had to be filled in order to protect the rights of the worker and the employer. The paper deals with the problems of preventing the spread of coronavirus infection, ensuring the continuation of work, the unregulated nature of remote work, issues of document management, etc. Examples from judicial practice are given. The author proposes to amend the Labor Code of the Russian Federation in order to solve some of the problematic issues identified in the article. |
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Key words: labor law, workplace, remote work, coronavirus infection, pandemic of the COVID-19. |
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Kazakova Sofiya Petrovna |
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| The problem of the significance of legal culture for society is relevant, since it has both theoretical and practical significance. Legal culture reflects the state of society, the attitude of society members to law, legal traditions, and current legislation. The stability of society is directly related to the stability of human behavior, which, in turn, is ensured by the stability of communication between public institutions. From this it follows that the legal culture manifests itself differently for everyone, depending on the level and significance of the legal institution. Public levels s. of social institutions are associated with simple groups, as well as with such complex phenomena as the state and society. Within the framework of this article, legal culture is considered as a constituent element of any civilized society, the question of the legal nature, development and structure of legal culture as an indicator of the development of the rule of law is being studied. | |||||||||||
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Key words: legal culture, structure of legal culture, civil society, law enforcement, level of legal technique |
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| Abstract |
Kapylova Alina Alekseyevna Read the Article: |
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| Recently, there has been an active reform of the institution of insolvency (bankruptcy), in connection with which this article raises the question of the legal status of persons who play a key role in this category of cases. The paper analyzes the legal status of an arbitration manager, discusses the main approaches to the definition and content of the legal status of an arbitration manager. The article also studies the activities of arbitration managers in accordance with labor legislation in the field of regulation of labor relations during the bankruptcy procedure. Issues related to ensuring the rights of workers are raised. The problem of liability of arbitration managers for violation of labor protection legislation is considered. Based on the study, the author formulates proposals aimed at introducing legislative changes. |
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Key words: bankruptcy, insolvency, legal status of an arbitration manager, legal status, requirements for an arbitration manager, labor legislation, labor protection. |
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Koretskiy Vasily Andreyevich Read the Article: Conflict of laws regulation of obligations arising as a result of unfair negotiation of a contract |
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| This article discusses the conflict regulation of non-contractual tort obligations both in Russian civil law and on the example of legal acts of foreign states and international treaties. The provisions of the Civil Code of the Russian Federation, as well as some foreign sources, in particular the Civil Code of the Republic of Tajikistan and the Regulations of the European Parliament and the Council of Europe on the law applicable to non-contractual obligations ("Rome II"), are analyzed, on the example of which modern trends in the conflict of law regulation of non-contractual obligations are analyzed. tort liabilities. The concepts of tort and tort obligation are considered, their features are determined, as well as the conflict features of their regulation and the problems that arise in this case. The study identifies the main trends in the development and conflict regulation of noncontractual tort obligations in private international law | |||||||||||
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Key words: tort obligations, conflict of laws regulation, autonomy of will, legislation, applicable law, private international law, European Union law. |
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| Abstract |
Kuznetsova Vlada Aleksandrovna, Lebed Vladislava Alekseyevna Features of providing legal assistance in cases of administrative offenses
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| This article analyzes some of the features inherent in the provision of legal assistance in cases of administrative offenses. Attention is paid to topical issues that negatively affect the effectiveness of the provision of legal assistance to persons who have committed offenses. The current legislation and modern legal doctrine are studied. Author's proposals aimed at improving domestic legislation in terms of improving the quality of legal services provided have been formed. In particular, Art. 25 of the Code of the Russian Federation on Administrative Offenses, amendments should be made, according to which the participation of a defense counsel in cases of administrative offenses will become mandatory, which will solve the problem of financial inaccessibility of obtaining legal assistance by certain categories of citizens. According to the authors, the generated proposals will improve the effectiveness of legal assistance provided to participants in cases of administrative offenses. |
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Key words: legal assistance, administrative offense, counseling |
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Kuroyedova Vlada Aleksandrovna, Pavlov Nikolay Vladimirovich |
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| This scientific work is devoted to the analysis of the problems of the effectiveness of the application of administrative responsibility for violation of advertising legislation. The article discusses the provisions of modern administrative legislation, as well as domestic scientific legal literature. The definition of the concept of advertising is given. The norms enshrined in the Federal Law "On Advertising" are studied in detail. The issue of the effectiveness of the application of administrative responsibility for advertising that does not comply with the current legislation of the Russian Federation is also considered. It is noted that due to the loss of Art. 182 of the Criminal Code of the Russian Federation, in 2006, criminal liability for violation of advertising legislation is no longer provided. The author provides not only various justifications for the need to eliminate the identified problems, but also some ways to solve them. According to the author, the results that were obtained in the course of scientific research can be used to improve the current legislation | |||||||||||
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Key words: advertising, advertising legislation, Federal Antimonopoly Service, actual problems, administrative responsibility, illegal advertising. |
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Lebed Vladislava Alekseyevna, Yushko Aleksandr Viktorovich Read the Article: |
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| This article is devoted to the study of the features of the prevention of corruption manifestations in the public service system. The author considers the provisions of the current domestic legislation, as well as modern legal doctrine. The paper analyzes the main directions of the state anti-corruption policy at the present stage. The main and most common areas of the fight against corruption in the Russian Federation are investigated. A comparative analysis of the provisions of domestic legislation in this area is carried out with the provisions of the legislation of foreign states (in particular, the Kingdom of the Netherlands, the French Republic and the People's Republic of China). The most pressing problems and debatable issues related to such a socially negative phenomenon as corruption are touched upon. In conclusion, the study presents the author's proposals aimed at improving the effectiveness of the legal regulation of anti-corruption policy and resolving existing problems. |
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Key words: corruption, prevention, official, civil service, anti-corruption, corruption offense. |
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Nagimulina Kamilla Andreyevna |
Abstract | ||||||||||
| The article discusses the concept and legal nature of the principle of the presumption of good faith of legal entities and individual entrepreneurs. It is noted that the presumption of good faith must be considered as a presumed, excusable ignorance by a certain person of any facts and (or) circumstances (the assumption of subjective good faith) and as an assumption that the participants in civil legal relations comply with the principle of good faith, that is, they act in good faith when establishing, protecting and the exercise of civic rights and the performance of civic obligations (an assumption of objective certainty). According to the author, the development of the presumption of good faith of legal entities and individual entrepreneurs contributes to the improvement of the legal situation in the Russian Federation by changing the attitude towards business entities on the part of state bodies. Enshrining at the legislative level the presumption of good faith of legal entities, individual entrepreneurs forms a positive attitude towards the inspection bodies in the latter due to the alleged good faith behavior | |||||||||||
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Key Words: presumption of good faith, legal entity, individual entrepreneur, state control, state supervision, municipal supervision |
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Ovchinnikova Yelena Andreyevna Read the Article: Justice and reasonableness criminal procedural court decisions |
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| The fairness and validity of judicial decisions are a very frequent subject of criminal procedural scientific research. Discussions are held on many significant aspects. Among them we include the relationship of fairness and validity. It seems that the difficult question that is on the agenda of criminal procedure science today - is whether it is possible to achieve justice and what is the role of validity in this? can be successfully resolved through the establishment of a strong interaction of validity and justice by recognizing the fact that justice is impossible without the validity of a procedural decision. In turn, the validity of a procedural decision is unattainable without such rules for the investigation and verification of evidence in court proceedings, which allow all interested parties to trust the results of judicial actions. The result of the study was the author's conclusions that determine the essence of justice in its legal aspect, as well as a confirmed pattern of the relationship between validity and justice, in which validity is the main condition for achieving justice. |
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Key words: diversification, strategy, efficiency, foreign experience, domestic experience |
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Sokolova Darya Olegovna Provision of residential premises under a social rental agreement |
Abstract | ||||||||||
| This article is devoted to the consideration of a social tenancy agreement, namely, the problems that arise when citizens are provided with residential premises under a social tenancy agreement. The article describes the algorithm of actions that must be performed by persons in order to be registered as those in need of residential premises. The following problems are highlighted: lack of residential premises, the provision of which is possible under a social contract of employment; illegal deregistration of citizens; non-use of residential premises by persons who actually do not live in such premises and have lost interest in them, however, the social tenancy agreement was not terminated and were not removed from the register. The paper analyzes judicial practice, and also talks about the impact of the coronavirus pandemic on the solution of the housing issue. | |||||||||||
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Key words: social employment contract, provision of residential premises, problems, loss of interest in residential premises. |
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| Abstract |
Tarabrin Dmitriy Olegovich The value of the scene inspection in the environmental crimes disclosure |
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| The main purpose of the study for the author is to show the importance of an inspection of the scene for the disclosure and investigation of crimes in the field of violation of environmental management. On the basis of the empirical material obtained, the importance of inspection as one of the main investigative actions provided for by the Code of Criminal Procedure of the Russian Federation is analyzed to detect various types of traces and objects of a committed crime of the category under consideration. Also, on the basis of a retrospective analysis, substantiated arguments are given that the inspection of the scene for the investigator (interrogating officer) occupies a key position in direct epistemological knowledge of the very situation of the scene of environmental crimes, using the results of the inspection to put forward general versions about the event that occurred at the scene of a possible incident, as well as the nomination of qualifying versions by the investigator (interrogating officer). In addition, the author proposes to amend Art. 176 of the Code of Criminal Procedure of the Russian Federation |
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Key words: criminalistics, examination, scene, investigator, environmental crimes, traces of crime, gnoseology, knowledge. |
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Tkachenko Slavyana Dmitrievna The role and place of legal culture in a modern state |
Abstract | ||||||||||
| The article defines the place of legal culture in the development of the legal system of the state on the example of the Russian Federation. The structure and functions of legal culture are considered, the existing problems are studied and ways to solve them are proposed. The importance of legal culture in public relations, including social institutions, is noted. It is indicated that the relationship of moral principles, legal norms and values determines the role of legal culture in the state. At the same time, legal culture is a multifaceted concept that includes various social aspects. It is formed independently, without the participation of any specialized organizations. The main problem of legal culture, according to the author, is the development of legal nihilism and disrespect for the current legislation. In order to improve the legal culture in Russia, the author proposes holding specialized seminars in higher educational institutions of the country | |||||||||||
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Key words:legal culture, legal system, civil society, state and individual, legal activity of citizens. |
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| Abstract |
Khudobina Diana Andreyevna Read the Article: Features of modern legal culture and its structural components |
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| In this scientific article, the author reveals the features of the development of modern legal culture in Russia, and also analyzes its structural components. This is due to the fact that the importance of legal culture in modern society is extremely important for the development of domestic legal doctrine in particular, and the formation of civil society in general. In his work, the author considered the scientific works of the most prominent jurists. Also in the course of the study, the influence of legal thinking, morality and tradition on the formation of the legal culture of society was studied. At the same time, when studying the issues raised, the essence and significance of legal consciousness is determined. In the conclusion of this scientific study, conclusions are drawn regarding the material studied by the author, as well as author's proposals aimed at the development of legal culture are formed. |
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Key words: legal culture, legal consciousness, morality, legal thinking, law, doctrine, legal traditions, legal regime |
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Choba Yelizaveta Nikolayevna Read the Article: |
Absract | ||||||||||
| The article deals with the problems of family mediation in the trial. Currently, the settlement of family law disputes is an urgent problem of theory and practice. The development of legislation, socio-legal and economic relations, as well as various crisis phenomena contribute to an increase in the number of civil cases in courts. The resolution of disputes, the participants of which cannot independently reach a compromise, is entrusted to the courts, but the decisions made by the court are far from always suitable for the participants in the dispute. The author analyzes the legislative framework that is used in resolving family disputes through the mediation procedure, discusses the current problems that exist in the legislation. The author also makes proposals for fixing the terms for suspending the consideration of family disputes in court for the mediation procedure | |||||||||||
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Key words: mediation, alternative dispute resolution, mediation legislation, pre-trial dispute resolution methods, out-of-court dispute resolution methods, conciliation procedures, settlement agreement. |
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| Abstract |
Yagumov Amir Ruslanovich Some features of the investigation of criminal cases against minors |
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| In the article, the author discusses the features of the investigation of criminal cases against minors. The relevance of the chosen topic lies in the fact that juveniles currently constitute one of the most criminally affected parts of society, and the number of grave and especially grave crimes committed by this group of criminals is steadily growing. In view of this, the persons conducting the investigation must take into account a number of factors when conducting investigative actions, which is necessary for the successful detection of the crime. Based on the results of the study, the author forms a conclusion about the existence of features associated with developmental psychology, the personality of a minor and the production of investigative actions against minors, and also reveals some aspects that should be taken into account when investigating crimes. |
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Key words: criminalistics, crime, investigative action, juvenile crimes, investigation of crimes |
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Logacheva Veronika Andreyevna, Podmogilnaya Yulia Andreyevna, Polinskaya Marina Valeryevna Tax mechanisms of state support of citizens in Russia |
Abstract | ||||||||||
| This article discusses the tax mechanism of state support for citizens and reflects the current tax mechanisms. Arguments are given in favor of the need for social support for citizens in Russia. It is noted that in order to encourage the population to act and work responsibly towards the sustainable development of the state, it is required to introduce tax incentives. The paper also explores the existing and most effective measures and tools to support citizens, as well as innovations aimed at improving the lives of taxpayers. The provisions of the tax legislation are analyzed. In conclusion, the authors propose to amend paragraph 3, paragraph 6 of Art. 210 of the Tax Code of the Russian Federation and increase personal income tax deductions for persons who received a disability due to the accident at the Chernobyl nuclear power plant or as a result of military operations in which the territory of the USSR and the Russian Federation was protected. | |||||||||||
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Key Words: mechanism, taxes, benefits, citizens, support, tools. |
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Logacheva Veronika Andreyevna, Podmogilnaya Yulia Andreyevna, Kotlyar Inna Alekseevna Read the Article: Innovative management as a factor of increasing competitiveness |
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| This article discusses innovation processes that are becoming the main factor in the development of innovation processes and the sustainability of economic growth and innovation. The paper defines such concepts as "innovation" and "competitiveness". Macro- and microeconomic factors of enterprise competitiveness are considered. It is noted that it is possible to achieve dominance in the market only with the introduction of innovative management, therefore, an important aspect of economic growth is the transition to innovative management. The authors give examples of the impact of innovative management on the competitiveness of an organization. It is indicated that innovations in management make it possible to implement new processes and knowledge in the enterprise when they are introduced. In conclusion, the author comes to the conclusion that innovative approaches are necessary in the context of market globalization. |
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Key words: innovation, management, competitiveness, enterprise, economics. |
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Nikitina Tatyana Viktorovna, Skalaban Mariya Pavlovna |
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| The article describes the mechanism of functioning of regulatory "sandboxes" in the world. The definition of the concept of regulatory "sandbox" is given. Its main advantage is indicated, which consists in partial exemption from regulatory requirements imposed on market participants by law. Approaches to the creation of regulatory "sandboxes" in the UK, Singapore, the United Arab Emirates and Australia are considered. The general principles of their work are revealed, such as the presence of a certain selection process, including the procedure for considering an application, the conditions and terms of testing. It is noted that a key consequence of the use of regulatory "sandboxes" is to increase the transparency of the processes taking place in the industry. The paper also analyzes the possibilities and limitations of the introduction of regulatory "sandboxes" in Russia. Conclusions are drawn about the prospects for further development of experimental legal regimes | |||||||||||
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Key words: regulatory sandboxes, digital innovation, digital economy, fintech. |
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Serabina Miroslavna Aleksandrovna |
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| Risk management is often one of the most important processes in the development and implementation of innovations. It is high-quality risk management that allows an enterprise (organization) to develop and implement innovative products and technologies in the production process. The article presents the rationale for the need for effective risk management, considers the processes managed by the organization's risk management plan. This research paper brings together the most interesting and effective steps that project managers can take to manage projects while reducing risk. In addition, the significance of the qualifications of the project manager and the head of the organization in the field of risk management for the implementation of an innovative project is substantiated. As a result of the study, the role of risk management in ensuring the effectiveness of project implementation is noted. |
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Key words: innovations, innovation risks, risk management, innovation risk management |
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Skalaban Mariya Pavlovna, Nikitina Tatyana Viktorovna Review of approaches to the application of H. Markowitz’s portfolio selection model |
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| The article analyzes studies on the formation of a portfolio of securities. It is noted that the development of the securities market contributes to the expansion of investment activity, which imposes new requirements for assessing the effectiveness of financial investments. The scientific work describes the well-known mathematical model of Markowitz in the classical formulation, examples of its implementation by foreign and domestic economists are considered. Weaknesses and strengths of the model are revealed, as well as the possibility of its modification, including the use of methods of robust optimization and linear-quadratic control. Special attention is paid to alternative risk measures that take into account negative deviations of returns. Based on the analysis carried out, conclusions were drawn about the limitations of the practical application of the Markowitz model. Directions for further research in this area are determined | |||||||||||
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Andreyeva Mariya Aleksandrovna, Mironenko Nikita Nikolayevich Read the Article: Features of the provision of free legal assistance by a lawyer |
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| The scientific work discusses the features of the provision of free legal assistance by lawyers. The authors pay special attention to the analysis of the essence of free legal advice provided by lawyers. At the same time, the article examines some of the problematic issues related to the provision of free legal advice by a lawyer, and discusses the conditions for the provision of free legal assistance. The authors study the provisions of domestic legislation and modern legal doctrine. At the conclusion of the scientific work, a proposal is formed aimed at improving the current legislation in this area. In particular, it is proposed to legislate in Art. 26 of the Federal Law “On Advocacy and Advocacy in the Russian Federation”, a condition for remuneration of lawyers at the expense of lawyer formations, where the cost of a lawyer’s services will correspond to the average market cost of such services. |
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Key words: consulting, legal assistance, advocacy, principal, gratuitous nature. |
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Baryshnikova Yelizaveta Aleksandrovna, Pshenichnikova Darya Dmitriyevna Read the Article: |
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| This article is devoted to the analysis of land-legal disputes and the peculiarities of their resolution in the modern legal space of the Russian Federation, as they are essential in land legal relations. The author has reviewed and analyzed land legislation, its basic principles, guarantees of protection of disputed or violated rights of owners and non-owners of land plots, as well as mechanisms for implementing ways to protect them. In addition, the purpose of the work is to analyze the procedural rules for the consideration of disputes on land rights. Based on the analysis of the practice of applying the norms regulating land legal relations, it is necessary to identify ways to overcome the problems that arise as a result of the application of the norms of land legislation, as well as to improve activities related to the consideration of disputes on land rights | |||||||||||
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Key words: land disputes, land legal relations, judicial protection, arbitration court, courts of general jurisdiction, arbitration courts. |
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Borsova Kristina Timurovna The principle of prohibition of discrimination in the exercise of the right to work |
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| The relevance of scientific work lies in the fact that, despite the existence of the principle of the prohibition of discrimination in labor relations, its manifestations are found in practice. Several articles in the Labor Code of the Russian Federation are devoted to this principle, and it is also regulated in a number of other regulatory legal acts. The prohibition of discrimination in the sphere of labor is one of the most important principles of modern labor law. It is the employee who most often experiences discrimination from the employer. Undoubtedly, this phenomenon undermines the foundations of democracy and fairness in labor activity. Its eradication is important so that citizens can freely dispose of their abilities to work, choose the type and scope of work, as well as professions that satisfy their internal needs. |
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Key words: discrimination, labor relations, employee, employer, labor activity. |
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Borsova Kristina Timurovna Features of legal regulation of peasant (farm) farms |
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| This paper examines some of the features of the legal regulation of peasant (farm) farms, in particular, the provision of a land plot, as well as the division of property of a peasant (farm) economy. The article also defines the concept of "peasant (farm) economy". The provisions of land and civil legislation are studied. The terms for concluding lease agreements for a land plot owned by the state or municipality are considered. In conclusion, conclusions are drawn regarding the studied material. Thus, the author proposes to grant a person who has newly joined the peasant (farm) economy the right to participate in common joint property. Unless otherwise provided by an agreement between participants in a peasant (individual) farm, this person shall acquire rights equal to those of other members of the farm. | |||||||||||
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Key Words: land plot, legal regulation, agricultural activity |
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Bochkovoy Andrey Alekseyevich, Likhopoy Vladimir Vladimirovich Read the Article: Principles and features of the activities of legal clinics at universities |
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| This work is devoted to the study of the principles and features of the activities of legal clinics formed at universities. The article analyzes the benefits of such a practice of legal consulting for students, as well as the tasks that are achieved through this consultation. The provisions of domestic legislation and the opinions of jurists in this area are being studied. The social significance of legal clinics is indicated, which is expressed in the fact that counseling in them is free, therefore, it is accessible to low-income and socially unprotected categories of citizens. In conclusion, the authors make a proposal to regulate the activities of these clinics by fixing at the state level the main directions of their activities, namely in Art. 26 of the Federal Law "On Advocacy and Advocacy in the Russian Federation". |
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Key words: consulting, legal clinic, practice, free assistance. |
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Vartanov Tigran Anatolyevich, Rubtsov Fedor Gennadyevich |
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| Evidential activity is of key importance in arbitration and civil procedural law. This is due to the fact that the legality and validity of the court decision are directly dependent on the correct establishment of all the factual circumstances in resolving the dispute. At its core, the process of proof refers to an indirect form of judicial knowledge, which occupies an important place in the administration of justice. In this article, the authors consider the problem of legal regulation of the subject of proof in cases of insolvency (bankruptcy) and the scope of its application in modern conditions of law. As part of the scientific work, the process of proving in this category of cases was studied. The attitudes of the participants in the process to the subject of proof are considered and a number of proposals for improving the subject of proof are presented. | |||||||||||
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Key words: bankruptcy, proof, arbitration process, subject of proof. |
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Vasilchenko Pavel Petrovich, Vyltsyn Andrey Aleksandrovich Read the Article: Evidence in civil proceedings in Russia and the USA: a comparative legal analysis |
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| The continental European legal system differs significantly from the AngloSaxon one. The discrepancies lie in the procedure for obtaining and presenting evidence to the court, as well as in the rules for their evaluation. This article provides a comparative analysis of the procedure for proving various legal systems on the example of Russia and the United States. The study touched upon the standards and principles of proof, the burden of proof, presumptions used in the evidentiary law of these countries. In the process of analyzing legal systems, it was found that in Russia at the moment there are no objective standards for examining evidence, and this process, compared with foreign countries, is subjective and closed. Based on the results of the study, the authors proposed steps to make this process more transparent and structured. |
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Key words: gal institution, law of evidence, examination of evidence, proof, rule of proof, presumption, standard of proof, burden of proof.. |
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Gavrilenko Ludmila Nikolayevna |
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| One of the most complex and urgent issues of the institution of insolvency (bankruptcy) is challenging the debtor's transactions. In the article, the author considers the theoretical and practical aspects of contesting transactions and other actions of the debtor, as a result of which material damage was caused to bona fide creditors. This paper analyzes in detail which transactions can be contested, and also examines the role of the arbitration manager and the subject composition of persons involved in contesting transactions. Attention is paid to potential subjects of challenging the illegal actions or inaction of the arbitration manager. Persons who do not have such a right are indicated (including persons who were previously in labor relations with the debtor). Based on the study, ways to solve the existing problems are proposed. | |||||||||||
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Key words:contestation of transactions, bankruptcy creditor, debtor, invalidity of transactions, insolvency, contestation of debtor's transactions |
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Grebneva Yuliya Aleksandrovna |
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| The article discusses the features of the legal regulation of the invalidity of a will. It is noted that one of the common grounds for recognizing a will as invalid is the inability of the testator at the time of making the will to realize the significance of his actions and be guided by them. In conclusion, the author's proposals are formulated for improving the legislation on notaries and civil legislation on the legal regulation of the invalidity of a will. In particular, it is proposed to supplement the civil legislation with a norm regulating the special consequences of recognizing a will as invalid, acting on a par with the general conditions for recognizing a transaction as invalid, for example, the increment of the inheritance shares of the removed heir in proportion to the inheritance shares to the heir by law |
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Key words: testamentary inheritance, testament, voidable testament, void testament. |
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Gumerova Yelizaveta Sergeyevna, Sokol Viktoriya Aleksandrovna Problems of defining standards for the provision of free legal aid |
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| The article discusses the features of the standards for the provision of free legal assistance. The authors pay special attention to the problem of the lack of standards for determining the quality of services provided in the current legislation. The features of the activity of legal clinics, formed at universities and providing free legal services to citizens in need, are being studied. The provisions of the modern scientific doctrine, as well as legal acts regulating the presented legal relations are analyzed. In conclusion, the main conclusions regarding the studied material are formed. Thus, the authors propose several standards that can form the basis for determining the quality of legal services provided. At the same time, it is noted that they need to be fixed in the content of the Federal Law “On free legal aid in the Russian Federation”, which will contribute to a significant improvement in the quality of legal aid | |||||||||||
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Key words: legal assistance, counseling, legal clinic. |
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Dmitrenko Anna Romanovna Read the Article: |
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| The provisions of the Housing Code of the Russian Federation provide for the rules for the provision of public services (water supply, sanitation, electricity, gas supply and heating). The use of the term “service” provides that, in addition to the provisions of housing legislation, the provisions of civil law apply to legal relations related to the provision of public services. The provision of public services finds its legal form through the conclusion of an agreement on the provision of this type of service. The article discusses the features of the contract for the provision of public services. It is noted that such an agreement contains elements of contracts of sale, paid services, contracts. At the same time, the author points out the lack of a proper conceptual apparatus that allows streamlining the process of law enforcement. In order to improve the legislation, it is proposed to make a number of changes to the provisions of the Housing Code of the Russian Federation. |
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Key words: provision of public services, homeowners association, management company, contract, provision of services, utilities |
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Zhukova Polina Stanislavovna, Malin Petr Mikhailovich Read the Article: On the issue of the applicant's procedural status as a participant in criminal proceedings |
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| In this scientific work, the author analyzes the legal status of the applicant as a participant in criminal proceedings. It is noted that the procedural status of participants in criminal proceedings has always occupied one of the most significant places in the criminal procedure legislation, which is why the study of this issue can be called relevant. The position of the individual in modern society is a reflection of the level of development of the legal culture of civil society, the degree of development of the legislative framework. In the course of the study, the problems of determining the procedural status of the applicant were raised due to the insufficient legal regulation of this status. The author proposes a list of rights and obligations that are subject to mandatory consolidation in a separate article of the Code of Criminal Procedure of the Russian Federation, included in Chapter 7 "Participants in criminal proceedings on the part of the prosecution" | |||||||||||
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Key Words: applicant, procedural status, rights, obligations, stage of initiation of a criminal case. |
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Ionin Aleksey Vladimirovich The impact of the pandemic on the labor legislation of the Russian Federation |
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| The article deals with the topical issue of the impact of the COVID-19 pandemic on the labor legislation of the Russian Federation. In February 2020, the first cases of infection with a new coronavirus infection were detected in Russia, which meant the arrival of the COVID-19 pandemic in Russia. After that, changes were made to the Russian labor legislation, which led to the emergence of a number of problems in practice. The gaps identified had to be filled in order to protect the rights of the worker and the employer. The paper deals with the problems of preventing the spread of coronavirus infection, ensuring the continuation of work, the unregulated nature of remote work, issues of document management, etc. Examples from judicial practice are given. The author proposes to amend the Labor Code of the Russian Federation in order to solve some of the problematic issues identified in the article. |
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Key words: labor law, workplace, remote work, coronavirus infection, pandemic of the COVID-19. |
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Kazakova Sofiya Petrovna |
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| The problem of the significance of legal culture for society is relevant, since it has both theoretical and practical significance. Legal culture reflects the state of society, the attitude of society members to law, legal traditions, and current legislation. The stability of society is directly related to the stability of human behavior, which, in turn, is ensured by the stability of communication between public institutions. From this it follows that the legal culture manifests itself differently for everyone, depending on the level and significance of the legal institution. Public levels s. of social institutions are associated with simple groups, as well as with such complex phenomena as the state and society. Within the framework of this article, legal culture is considered as a constituent element of any civilized society, the question of the legal nature, development and structure of legal culture as an indicator of the development of the rule of law is being studied. | |||||||||||
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Key words: legal culture, structure of legal culture, civil society, law enforcement, level of legal technique |
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Kapylova Alina Alekseyevna Read the Article: |
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| Recently, there has been an active reform of the institution of insolvency (bankruptcy), in connection with which this article raises the question of the legal status of persons who play a key role in this category of cases. The paper analyzes the legal status of an arbitration manager, discusses the main approaches to the definition and content of the legal status of an arbitration manager. The article also studies the activities of arbitration managers in accordance with labor legislation in the field of regulation of labor relations during the bankruptcy procedure. Issues related to ensuring the rights of workers are raised. The problem of liability of arbitration managers for violation of labor protection legislation is considered. Based on the study, the author formulates proposals aimed at introducing legislative changes. |
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Key words: bankruptcy, insolvency, legal status of an arbitration manager, legal status, requirements for an arbitration manager, labor legislation, labor protection. |
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Koretskiy Vasily Andreyevich Read the Article: Conflict of laws regulation of obligations arising as a result of unfair negotiation of a contract |
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| This article discusses the conflict regulation of non-contractual tort obligations both in Russian civil law and on the example of legal acts of foreign states and international treaties. The provisions of the Civil Code of the Russian Federation, as well as some foreign sources, in particular the Civil Code of the Republic of Tajikistan and the Regulations of the European Parliament and the Council of Europe on the law applicable to non-contractual obligations ("Rome II"), are analyzed, on the example of which modern trends in the conflict of law regulation of non-contractual obligations are analyzed. tort liabilities. The concepts of tort and tort obligation are considered, their features are determined, as well as the conflict features of their regulation and the problems that arise in this case. The study identifies the main trends in the development and conflict regulation of noncontractual tort obligations in private international law | |||||||||||
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Key words: tort obligations, conflict of laws regulation, autonomy of will, legislation, applicable law, private international law, European Union law. |
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Kuznetsova Vlada Aleksandrovna, Lebed Vladislava Alekseyevna Features of providing legal assistance in cases of administrative offenses
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| This article analyzes some of the features inherent in the provision of legal assistance in cases of administrative offenses. Attention is paid to topical issues that negatively affect the effectiveness of the provision of legal assistance to persons who have committed offenses. The current legislation and modern legal doctrine are studied. Author's proposals aimed at improving domestic legislation in terms of improving the quality of legal services provided have been formed. In particular, Art. 25 of the Code of the Russian Federation on Administrative Offenses, amendments should be made, according to which the participation of a defense counsel in cases of administrative offenses will become mandatory, which will solve the problem of financial inaccessibility of obtaining legal assistance by certain categories of citizens. According to the authors, the generated proposals will improve the effectiveness of legal assistance provided to participants in cases of administrative offenses. |
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Key words: legal assistance, administrative offense, counseling |
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Kuroyedova Vlada Aleksandrovna, Pavlov Nikolay Vladimirovich |
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| This scientific work is devoted to the analysis of the problems of the effectiveness of the application of administrative responsibility for violation of advertising legislation. The article discusses the provisions of modern administrative legislation, as well as domestic scientific legal literature. The definition of the concept of advertising is given. The norms enshrined in the Federal Law "On Advertising" are studied in detail. The issue of the effectiveness of the application of administrative responsibility for advertising that does not comply with the current legislation of the Russian Federation is also considered. It is noted that due to the loss of Art. 182 of the Criminal Code of the Russian Federation, in 2006, criminal liability for violation of advertising legislation is no longer provided. The author provides not only various justifications for the need to eliminate the identified problems, but also some ways to solve them. According to the author, the results that were obtained in the course of scientific research can be used to improve the current legislation | |||||||||||
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Key words: advertising, advertising legislation, Federal Antimonopoly Service, actual problems, administrative responsibility, illegal advertising. |
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Lebed Vladislava Alekseyevna, Yushko Aleksandr Viktorovich Read the Article: |
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| This article is devoted to the study of the features of the prevention of corruption manifestations in the public service system. The author considers the provisions of the current domestic legislation, as well as modern legal doctrine. The paper analyzes the main directions of the state anti-corruption policy at the present stage. The main and most common areas of the fight against corruption in the Russian Federation are investigated. A comparative analysis of the provisions of domestic legislation in this area is carried out with the provisions of the legislation of foreign states (in particular, the Kingdom of the Netherlands, the French Republic and the People's Republic of China). The most pressing problems and debatable issues related to such a socially negative phenomenon as corruption are touched upon. In conclusion, the study presents the author's proposals aimed at improving the effectiveness of the legal regulation of anti-corruption policy and resolving existing problems. |
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Key words: corruption, prevention, official, civil service, anti-corruption, corruption offense. |
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Nagimulina Kamilla Andreyevna |
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| The article discusses the concept and legal nature of the principle of the presumption of good faith of legal entities and individual entrepreneurs. It is noted that the presumption of good faith must be considered as a presumed, excusable ignorance by a certain person of any facts and (or) circumstances (the assumption of subjective good faith) and as an assumption that the participants in civil legal relations comply with the principle of good faith, that is, they act in good faith when establishing, protecting and the exercise of civic rights and the performance of civic obligations (an assumption of objective certainty). According to the author, the development of the presumption of good faith of legal entities and individual entrepreneurs contributes to the improvement of the legal situation in the Russian Federation by changing the attitude towards business entities on the part of state bodies. Enshrining at the legislative level the presumption of good faith of legal entities, individual entrepreneurs forms a positive attitude towards the inspection bodies in the latter due to the alleged good faith behavior | |||||||||||
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Key Words: presumption of good faith, legal entity, individual entrepreneur, state control, state supervision, municipal supervision |
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Sulima Sofia Andreevna Read the Article: Principles of confucianism as ethical rules |
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| This paper considers the teachings of the ancient Chinese thinker Confucius. The relevance of Confucianism lies in its universality for any historical period. The study used the hermeneutical method of cognition, comparison and analysis. The article revealed the content of the basic principles of the teachings of Confucius: "jen"(humanity and philanthropy), "li"(respect and ritual), "and"(justice and truth), "zhi"(prudence) and "xin"(sincerity and conscientiousness). As a result of the study, the contribution of Confucius to the development of religion, philosophy and social ethics is noted. In addition, it is emphasized that the teaching developed by him brings up humanity, respect, justice, prudence and sincerity in a person, which is of particular importance in the modern technogenic world. | |||||||||||||||
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Key Words: Confucianism, tradition, philosophy, culture, ethics, ancient China, Confucius. |
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| Abstract |
Agaronyan Razmik Aramovich, Vardanyan Gokhar Vazgenovna
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| The system of national accounts is a system of interrelated indicators used to describe and analyze macroeconomic processes in the economy. The key indicator of the system of national accounts is GDP, which characterizes the value of goods and services produced for final consumption, accumulation and net exports. This article examines the dynamics of the gross domestic product of the Republic of Armenia and the five leading sectors of its economy. For analysis, we based on official statistics published by the Committee of Statistics of the Republic of Armenia, namely: the volume of industrial production, gross agricultural output, construction volume, retail trade and services from 2012 to 2021. As a result of the study, measures aimed at preventing negative trends in certain sectors of the economy of the Republic of Armenia were proposed. |
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Key words: macroeconomicindicators, system of National Accounts, Gross Domestic Product (GDP), time series indicators. |
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Brailko Daria Vitalyevna, Kalugina Viktoriya Vladimirovna, Kotlyar Inna Alekseevna The role of financial innovations in ensuring the efficient functioning of the economy |
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| Innovation plays a key role in the efficient functioning of the financial market and the economic growth of enterprises. Financial innovation the end result of innovative activity in the financial sector, carried out in the form of a new financial product or operation, providing a more efficient redistribution of financial resources, profitability, risks, liquidity and information in order to obtain additional profit from such redistribution. Within the framework of this article, the concepts of banking innovations, securitization are considered and defined, their advantages and disadvantages are noted. The meaning of the use of financial innovations is revealed. Since financial innovations are not a homogeneous group of financial events, their consequences for the financial system can be ambiguous, and therefore the final assessment of their role cannot be generalized and must be made on an individual basis. | |||||||||||
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Key words: financial innovations, banks, risks, securitization, market. |
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Snimshchikova Irina Viktorovna, Shamray Kirill Yevgenievich Read the Article: The standard of living of the population in Russia and the problem of poverty |
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| The article deals with the problem of the emergence of poverty in Russia during the period of market transformation. The main indicators characterizing the standard of living of the population are presented. In the process of studying the problem, the structure of the cost of the consumer basket in Russia and the United States is analyzed, data on the population with cash incomes below the subsistence level are considered, and the main reasons for income differentiation are highlighted. In conclusion, the study suggests ways to ensure the stabilization of the economic situation in the country and the reduction of poverty. In particular, there is a need to revise the minimum threshold economic values, such as the minimum wage, the cost of living, the composition of the consumer basket, in the direction of increasing them, as well as toughening responsibility for the opportunistic behavior of public officials, which entails costs for the state. |
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Key words:poverty, income, minimum wage, consumer basket, market transformation, standard of living, economic situation. |
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| Abstract |
Antun Tatyana Ilyinichna
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| The article analyzes the legal aspects of challenging suspicious transactions aimed at withdrawing the assets of an insolvent debtor. The objective and subjective approaches to the grounds for declaring a transaction invalid and their application to insolvency (bankruptcy) legislation are analyzed. According to the author, in order to prevent suspicious transactions aimed at withdrawing the debtor’s assets, it is necessary to change the wording of Federal Law No. 127-FZ "On Insolvency (Bankruptcy)"in terms of giving the debtor the right to choose the candidacy of an interim manager. The author believes that such a choice should be left to the court, which will thereby prevent the possible onset of corruption risks that contribute both to the withdrawal of the debtor’s assets along the chain of transactions and to a loyal attitude towards the debtor or creditor |
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Key words: suspicious transaction, bankruptcy of the debtor, withdrawal of assets, chain of suspects, affiliated persons |
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Bondarchuk Yevgeniy Valeryevich Peculiarities of bankruptcy of a peasant (farm) economy without forming a legal entity |
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| The article analyzes the features of the bankruptcy of a peasant (farm) economy without the formation of a legal entity. It is noted that the ongoing activities of the peasant (farm) economy has a high level of social significance, since it contributes to regional development, the emergence of new jobs, the improvement of infrastructure in rural areas, and the like. Therefore, the issues of legal regulation of the recognition of a peasant (farm) economy as bankrupt do not lose their relevance. As a result, there is a need to improve the current legislation on the insolvency of the peasant (farm) economy, both in order to restore the solvency of the peasant (farm) economy, and in order to remove an improper economic entity from civil circulation. According to the author, there is a need to supplement the Federal Law "On Insolvency (Bankruptcy)"with a provision establishing that the external management plan must contain a justification for the possibility of repaying the claims of creditors to whom the debtor has obligations to supply agricultural products | |||||||||||
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Key words: peasant (farm) economy, bankruptcy, head of the peasant (farm) economy |
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Borisova Viktoriya Borisovna Read the Article: The role of mediation in the insolvency (bankruptcy) procedure |
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| The arbitration manager performs the functions of management in the insolvency (bankruptcy) procedure on the basis of a direct indication in the law, his activity is independent. The main goal of the activities of the arbitration manager is to achieve tasks aimed at maximum satisfaction of the requirements of creditors. As part of this work, the possibility of using the institution of mediation as one of the ways to resolve disputes that may arise at any stage of bankruptcy was considered. The special role of the institution under consideration in the implementation of the activities of the arbitration manager is that the use of the mediation procedure will reduce tension between the participants in the bankruptcy procedure. Also in this work, the role of the institution of mediation as an element of the structure of anti-crisis management was analyzed, which consists in creating the prerequisites for concluding a settlement agreement in the bankruptcy procedure, which will significantly reduce the burden on arbitration courts in cases of insolvency (bankruptcy) of business entities and individuals |
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Key words:bankruptcy, insolvency, arbitration manager, mediation, settlement agreement |
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Ginoyan Anna Slavikovna Some legal aspects of the liability of the guarantor during the bankruptcy of the debtor |
Abstract | ||||||||||
| The article analyzes the legal aspects of the responsibility of the guarantor during the bankruptcy of the debtor. At the moment, due to the lack of a uniform arbitration judicial practice, the issue of protecting the rights of a guarantor in a bankruptcy case of a debtor remains relevant. It is noted that in order to protect the rights and interests of the guarantor, it is necessary to supplement the Federal Law "On Insolvency (Bankruptcy)"with provisions on the guarantor’s subsidiary liability for the debtor’s obligations to creditors in cases of monitoring procedures, financial recovery and external management in relation to organizations of any legal form , as well as debt restructuring in relation to citizens, including individual entrepreneurs. Thus, creditors will be able to make claims against the guarantor in case the debtor fails to repay the debt in accordance with the debt repayment schedule and fulfill the plan of financial recovery, external management or restructuring of the citizen’s debts. | |||||||||||
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Key words: suretyship, insolvency (bankruptcy), security of the surety, liability of the surety |
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| Abstract |
Gordiyenko Tatyana Petrovna Read the Article: Certain issues of administrative and disciplinary liability of an arbitration manager |
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| Due to the fact that insolvency (bankruptcy) relations occupy a fairly large layer of social relations, the state is forced to streamline social relations in order to maintain a balance of private and public interests, for which the figure of an arbitration manager was introduced, which occupies a key position in the bankruptcy procedure. Issues of disciplinary and administrative responsibility of the arbitration manager are of particular interest. In this paper, the author examines topical issues of bringing arbitration managers to disciplinary and administrative liability under Russian law in the framework of their professional activities. The article also discusses the grounds, conditions, types of responsibility. Based on the study, further ways to improve the current legislation in the field of regulating the liability of arbitration managers are proposed |
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Key words: disciplinary liability, administrative liability, arbitration manager, bankruptcy, disqualification, fine |
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Guzenko Kirill Aleksandrovich On the issue of requirements for the status of an arbitration manager |
Abstract | ||||||||||
| Arbitration management during the bankruptcy procedure is a professional activity, the primary goal of which is to coordinate all elements of the system of legal relations in the field of bankruptcy in order to achieve tasks aimed at maximizing the satisfaction of creditors’ claims at the expense of the debtor’s property. Arbitration manager’s professional activities are carried out through the implementation of socially significant functions in the interests of a wide range of people. Within the framework of this article, the author analyzed the requirements of the legislation of the Russian Federation to the status of an arbitration manager, considered the existing problems in the field of legislative regulation of the legal status of an arbitration manager. The main problematic aspects that hinder the effective conduct of procedures in cases of bankruptcy of organizations are identified. On the basis of the study, proposals were formulated aimed at introducing legislative changes. | |||||||||||
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Key words: bankruptcy, insolvency, arbitration manager, legal status, requirements for the arbitration manager |
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| Abstract |
Ivanova Viktoriya Aleksandrovna On the issue of participation of a notary in bankruptcy cases
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| In this article, the author discusses the main points of the participation of a notary in bankruptcy cases. The provisions of the "Fundamentals of the legislation of the Russian Federation on notaries"are analyzed. Also, attention is paid to the Federal Law "On Insolvency (Bankruptcy)". It is noted that the role of a notary in bankruptcy cases is to protect the rights and legitimate interests of individuals and organizations (debtor and creditor). This competence is exercised by the notary performing notarial acts on behalf of the state (Russian Federation). The paper studies the features of consideration of the bankruptcy case of a citizen at his death. The main problems that arise with the participation of a notary in bankruptcy cases are indicated, as well as ways to eliminate them.. |
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Key words: notary, bankruptcy, individuals, legal entities, notary, insolvency. |
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Kartavchenko Viktoria Vladimirovna, Druzhinina Dana Igorevna About some problems associated with radioactive contamination |
Abstract | ||||||||||
| The implementation of radioactive activities, as well as the management of radioactive waste, is a progressive activity based on a set of standards and rules, as well as generating some negative consequences. Due to the certain nature of the danger and harm, there is an urgent need for both the modernization of radioactive enterprises and minimization of the concentration of emissions of harmful substances, as well as modern legislative intervention in the processes under consideration. The current regulatory legal acts in the field of radioactive waste management contain some imperfections, namely: gaps, conflicts, "blurred"formulations, some of which are analyzed in this article. According to the authors, the solution of the problems of radioactive contamination largely depends on the introduction of amendments to existing legislative acts. | |||||||||||
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Key words: nuclear pollution, radioactive waste management, environment, preliminary investigation |
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| Abstract |
Kirichenko Dmitriy Pavlovich Read the Article: |
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| Health is one of the most valuable human benefits. The subject of comparative research, conducted in the current paper, is sanctions for criminal acts related to cause grievous, serious, and less serious damages to the health which have a high level of public danger. The author considers legislative approaches to establishing of sanctions for causing any types of damages to the health of individual implemented in the latest criminal codes of the Republic of Kazakhstan and Kyrgyzstan. The analysis identified the main patterns of the construction of sanctions for causing damages to the health to the individual, the distinctive features of their construction in these Republics are established. As a result of the research, the author comes to the conclusion that there are very similar approaches of the legislators of these republics to the construction of sanctions imposed for the crimes in question. The paper highlights some positive aspects of foreign law-making practice, which the domestic legislator should be paid attention to |
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Key words: causing damages to the health of the person, criminal responsibility, sanction of criminal legal norm, criminal penalty, post-Soviet states. |
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| Abstract |
Kruglov Nikita Vitalievich To the question of the human rights activities of trade unions
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| This article is devoted to the study of the functioning of the institution of trade unions. The paper analyzes the specifics of the activities of trade union organizations, their main functions and tasks in the field of protecting the rights of workers. It is noted that the implementation of the protection of labor rights of workers by trade union organizations is associated with the presence of certain problematic issues, the effective solution of which is possible by improving the legal regulation of the activities of trade unions and expanding their powers. The main problem of the functioning of the trade union organization is that the judicial protection of workers is of an individual nature, namely, it is carried out only on the basis of the appeal of workers, not allowing them to apply to the judiciary on their own initiative to protect the interests of an indefinite circle, that is, for the protection of all categories of workers at once . As a result of the analysis, the author proposes to fix at the legislative level the right of trade unions to apply to the court in defense of the interests of an indefinite circle of persons. |
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Key words: trade union, human rights activities, judicial protection, representation, protection of an indefinite circle of persons. |
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Kuchma Denis Sergeyevich Features of legal regulation of insolvency (bankruptcy) of agricultural organizations |
Abstract | ||||||||||
| The article analyzes the features of the legal regulation of insolvency (bankruptcy) of agricultural producers. The study of the features of the legal regulation of the insolvency of agricultural organizations in the current market economic conditions does not lose its relevance. Agricultural organizations have a high social significance, which is why the procedure for declaring such organizations bankrupt should be clearly regulated, structured and balanced in all respects and accepted only in exceptional cases. According to the author, there is a need to supplement the legislation on insolvency (bankruptcy) with signs of insolvency of an agricultural organization: an increased level of production risks; finding a large amount of illiquid property on the balance sheet of an agricultural organization; the nature of the use of agricultural land | |||||||||||
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Key words: insolvency (bankruptcy) of agricultural organizations, financial recovery, agricultural organization |
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| Abstract |
Kuchma Igor Sergeyevich Read the Article: Features of legal regulation of cross-border insolvency of legal entities |
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| The article discusses the features of legal regulation of cross-border insolvency of legal entities. Cross-border insolvency is considered from the point of view of a substantive approach in a broad and narrow sense. The absence of concluded international agreements between the Russian Federation and foreign states regulating the issues of cross-border insolvency (bankruptcy) is noted. One of the main problems of cross-border insolvency is the lack of a unified interpretation of the principle of reciprocity by Russian arbitration courts, which is why there is a need to systematize the jurisprudence in cases of crossborder insolvency and develop on this basis the relevant Resolution of the Plenum of the Supreme Court of the Russian Federation. According to the author, there is a need to consolidate in the general provisions of the law on insolvency the concept of crossborder insolvency (bankruptcy), which should be understood as the inability of the debtor recognized by the arbitration court, international agreement or on the basis of reciprocity to fully satisfy the claims of creditors under obligations complicated by a foreign element |
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Key words:dcross-border insolvency of legal entities, international treaty, principle of reciprocity |
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Magalyasova Valentina Anatolyevna Features of involving workers worked in agriculture to disciplinary responsibility |
Abstract | ||||||||||
| This article examines the disciplinary responsibility of agricultural workers, since this industry is central in the agro-industrial complex and reflects all the features of the application of the current legislation, which regulates the issues of responsibility for violations of labor discipline by workers. A wide variety of industries in agriculture, according to the author, is a factor that generates differentiation in the legal regulation of legal relations, but does not change the basis of the procedure for applying disciplinary sanctions and their types established in legislation. The author analyzes legislative acts that reflect these features. The article also analyzes the procedure for applying disciplinary sanctions to employees, cases of using illegal sanctions, such as a fine. Considering disciplinary liability as an independent type of legal liability, the author makes proposals for improving legislation | |||||||||||
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Key words: responsibility, discipline, agriculture, labor legislation, disciplinary offense, employee, employer |
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| Abstract |
Negreyev Aleksey Igorevich Read the Article: Problems of legal regulation of the activities of SROs of arbitration managers |
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| This article discusses the activities of self-regulatory organizations of arbitration managers. The author analyzes the legal norms governing the position of self-regulatory organizations, according to such criteria as the purpose of creation, composition of participants, their ability to participate in other self-regulatory organizations. In the course of the work, an issue is raised regarding the unsettledness of compensation for damage caused by the arbitration insolvency practitioners in the process of exercising their professional activities from the compensation fund of self-regulatory organizations of arbitration insolvency practitioners. The problematic aspects of the participation of an arbitration manager in self-regulatory organizations and issues related to the procedure for withdrawing from these organizations are also considered. Based on the study, the author developed proposals for solving topical issues in the field of activity of self-regulatory organizations of arbitration managers. |
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Key words: participation in SRO, compensation for damage, self-regulatory organizations of arbitration managers, standards, arbitration manager. . |
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Olenich Valentina Vasilyevna Features of the legal status of employees in the case of insolvency (bankruptcy) of the employer |
Abstract | ||||||||||
| The article discusses the features of the legal status of employees in the case of insolvency (bankruptcy) of the employer. According to the author, it is necessary to include employees in the list of bankruptcy creditors. This measure will allow the representative of employees to directly influence the decisions made at the general meeting of creditors. It is noted that the representative of the employee in the bankruptcy case should be the representative chosen at the general meeting of the debtor’s employees, since the creation of trade unions is a right, not an obligation. According to the author, the current version of the Federal Law "On Insolvency (Bankruptcy)"and the Labor Code of the Russian Federation needs to be supplemented in terms of regulating the legal status and provisions of employees. The legislative changes discussed in this article will help protect the interests of employees in the event of initiation of bankruptcy proceedings against the debtor-employer. | |||||||||||
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Key words: insolvency (bankruptcy), protection of labor rights, general meeting of creditors. |
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| Abstract |
Pobortsev Yegor Igorevich A modern look at the criminological portrait of a serial killer
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| The article provides a criminological portrait of a serial killer, analyzes the factors that form the identity of the killer, identifies possible motives and prerequisites for committing serial murders. The concept of "serial killings"is considered, their classification is given, and the elements of criminal behavior within the framework of this socially dangerous act are revealed. Criteria that allow to differentiate this criminal phenomenon and present a classification of this type of crime are considered and highlighted. It is noted that this topic was disclosed in the works of many authors and researchers, including Z. Freud, Yu. M. Antonyan, and A. V. Bukhanovsky. In addition, a topical and particularly important issue is the possibility of finding ways and special methods to prevent and prevent the commission of serial murders as the most serious and dangerous for society. |
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Key words: serial killer, serial murders, criminological portrait, the formation of the personality of a serial killer, crime, crime victim, law enforcement agencies |
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Ryapolova Kristina Ivanovna Properties and types of powerful and poisonous substances as the subject of a crime |
Abstract | ||||||||||
| In the article, the author discusses the properties and types of potent and toxic substances that may be the subject of a crime. The relevance of this topic lies in the fact that at present, new chemicals are increasingly appearing and actively spreading, which harm not only humans and society, but also the environment. In the Russian Federation, illegal actions with potent and toxic substances are criminally punishable, that is, criminal liability is provided for the illegal circulation of these substances. What are these substances, what properties do they have? What harm can be done to society and the environment? The author raises these and a number of other questions in this scientific work | |||||||||||
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Key words: potent and poisonous substances, properties, toxicity, poisoning, society, environment |
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| Abstract |
Savraskin Sergey Nikolayevich Read the Article: |
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| The article reveals the role of statistics in crime prevention. In today’s dynamically changing society, it is extremely important to "keep up with the times apply new technologies in various areas of society, and use advanced working methods in practice. The paper discusses the main stages of statistical research (observation, grouping (summary) of data, data analysis). The role of statistics in the criminological assessment of the operational situation is investigated. It is noted that often, in order to calculate the feasibility of applying certain accounting methods, introducing new technologies, developments, it is necessary to analyze the situation, compare statistical indicators for different periods and conclude whether it is expedient to introduce a particular technology in practice. In this case, the science of statistics is ready to answer many questions |
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Key words: statistics, efficiency, law enforcement system, methods, science, research |
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Savchenko Eleonora Aleksandrovna Read the Article: Legal aspects of bankruptcy of management companies |
Abstract | ||||||||||
| The article analyzes the legal aspects of the bankruptcy of management companies. The definition of the concept of "management company"is given. The provisions of the Federal Law "On Insolvency (Bankruptcy)"are analyzed. The main reasons for the bankruptcy of management companies are investigated, in particular, the withdrawal of assets through a chain of transactions, improper and (or) unprofitable management of tangible assets, as well as the presence of a wide range of persons who have debts to pay utility bills to the management company. In order to increase the economic stability of management companies and competition in the public utilities market, in order to resolve the existing causes of insolvency (bankruptcy) of management companies, according to the author, amendments and additions should be made to the Federal Law "On Insolvency (Bankruptcy)"by introducing a new paragraph "Bankruptcy management companies." | |||||||||||
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Key Words:management company, insolvency, bankruptcy, utility bills |
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| Abstract |
Filatova Ansatasiya Aleksandrovna
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| The article analyzes the specifics of the criminal law qualification of intentional and fictitious bankruptcy. It is noted that the object of intentional and fictitious bankruptcy will be the relations that develop as a result of entrepreneurial activity, which properly ensure the fulfillment of monetary obligations of an organization or a citizen, incl. an individual entrepreneur, to creditors, for the payment of severance benefits and (or) remuneration of labor of persons working or working under an employment contract, and (or) the fulfillment of obligations for the payment of mandatory payments. According to the author, the provisions of the criminal law on deliberate and fictitious bankruptcy need to be unified in accordance with the provisions of the law on insolvency (bankruptcy). In addition, the recommendations proposed by the author on finalizing the methodological recommendations for identifying and suppressing crimes in the sphere of the economy and against the management order committed by the parties to enforcement proceedings will improve the indicators of investigative and judicial practice |
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Key words: intentional bankruptcy, fictitious bankruptcy, qualification of crimes, economic activity |
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Chekalkin Igor Valeryevich |
Abstract | ||||||||||
| The article considers the possibility of classifying insolvency as an independent circumstance, upon the occurrence of which it is impossible to use a trademark. It emphasizes the prevention of deviations in Art. 1486 of the Civil Code of the Russian Federation of the concept of independent development and the creation of an open list of phenomena independent of the copyright holder. In conclusion, it is concluded that bankruptcy cannot be attributed to the dynamics of force majeure, since it is a direct and inevitable consequence of competition. In conclusion, it is concluded that bankruptcy cannot be attributed to force majeure circumstances, since it is a direct and inevitable consequence of competition. Among the main features of entrepreneurial activity is the implementation of management at your own risk. Accordingly, when carrying out financial and economic activities, participants, heads of commercial organizations and individual entrepreneurs are aware of the possible negative consequences of making certain decisions in the form of insolvency | |||||||||||
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Key words: trademark, use of a trademark, independent circumstance, insolvency (bankruptcy), force majeure |
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| Abstract |
Shulgina Yuliya Alekseyevna Read the Article: Features of legislative regulation and application of the institution of joint bankruptcy of spouses |
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| The article discusses the features of legislative regulation and application of the institution of joint bankruptcy of spouses. It is noted the formation of a positive arbitration judicial practice to combine bankruptcy cases of each of the spouses into a single proceeding, which is explained by the presence of common obligations. According to the author, it is necessary to fix in the general provisions and Ch. X bankruptcy law features joint bankruptcy of spouses. Consolidation of bankruptcy cases of spouses is possible with the obligatory presence of such signs as: a state in a registered marriage, the presence of jointly acquired property (provided that no other legal regime is established by the marriage contract) and the introduction of bankruptcy proceedings in respect of each of the spouses. In conclusion, the author draws a conclusion about the positive dynamics of fixing the institution of a joint will of spouses in Russian legislation |
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Key words:joint bankruptcy of spouses, bankruptcy of a citizen, joint debts of spouses |
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Yun Anna Dmitriyevna Read the Article: On the issue of measures to prevent the bankruptcy of credit institutions |
Abstract | ||||||||||
| The article discusses measures to prevent the bankruptcy of credit institutions. The features of the bankruptcy of credit institutions are expressed in terms of non-fulfillment of obligations to creditors, namely fourteen days after the date of their fulfillment. In addition, the value of the assets of a credit institution must be insufficient to fulfill its obligations to creditors, and (or) the obligation to make mandatory payments.. There is a clear need to develop an integrated approach aimed at both creating unified doctrinal provisions and general legislative principles to prevent the bankruptcy of credit institutions. | |||||||||||
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Key Words: prevention of bankruptcy of credit institutions, reorganization as a measure to prevent bankruptcy, deposit insurance agency, Banking Sector Consolidation Fund. |
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| Abstract |
Yakovets Evgeny Nikolaevich
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| The article deals with the actual problems of identifying the primary signs of illegal international trafficking of especially valuable wild animals and aquatic biological resources. The essence and summary of this concept are given. The importance of countering at the present stage illegal extraction, trafficking and smuggling of especially valuable animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation is emphasized. Operational recognition is considered as a method of operational investigative activity that allows identifying signs of these crimes |
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Key words: illegal extraction, trafficking and smuggling of especially valuable wild animals and aquatic biological resources; obtaining primary operational search data; operational search; operational recognition. |
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Yakovleva Aleksandra Alekseyevna |
Abstract | ||||||||||
| A significant role in the insolvency (bankruptcy) procedure belongs to the arbitration manager, whose actions directly affect the effectiveness of measures to restore the debtor’s solvency and satisfaction of creditors’ claims. In case of improper performance by the arbitration manager of his duties, the legislation provides for measures of civil liability. This article is devoted to the consideration of the features of the civil liability of an arbitration manager under Russian law. In the course of the work, the issue of bringing arbitration managers to civil liability when establishing the fact of evasion from contesting transactions was considered. Also, within the framework of this article, problematic aspects related to holding arbitration managers liable for improper conduct of entrepreneurial or other income-generating activities of the debtor organization, as a result of which damage was caused to participants in the insolvency (bankruptcy) procedure, were studied. On the basis of the study, proposals were made for the development of civil legislation governing the issue of bringing the arbitration manager to liability | |||||||||||
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Key words: bankruptcy, arbitration manager, civil liability, compensation for losses, insolvency (bankruptcy), challenging transactions |
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| Table of Contests | |||||||||||||||
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Zuyeva Irina Sergeyevna Read the Article: Convergence of Legislation in the Field of ESG |
Abstract | ||||||||||||||
| This article reveals the need for harmonization of foreign and domestic legal acts in the field of ESG. The main stages of development of the ESG concept are considered. A comparison was made of existing regulations and legislative initiatives to regulate issues related to ESG in Russia, the EU and the USA. The conclusion is made about the dominant position of the EU in this area. Differences in the target values of Russia and Western countries to reduce carbon emissions, as well as differences in attitudes towards nuclear energy and natural gas are revealed. The need for the earliest possible development of a national carbon tax is substantiated. The risks are identified and possible losses for the Russian economy are assessed in case of untimely development of tax legislation, in particular the national carbon tax. Proposals are formulated for the possible convergence of the ESG standards of Russia and foreign countries | |||||||||||||||
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Key Words: ESG, ESG regulation, green deal, responsible investment, sustainability, carbon tax, green energy |
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| Abstract |
Bitsoyeva Laura Feliksovna The main directions of improving antimonopoly regulation in the Russian market
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| Today, Russian antimonopoly legislation is at the peak of its development: legal mechanisms are being improved, new legal response measures are emerging, and existing regulations are being developed in order to reduce monopolization in the market. All this is aimed at creating a favorable economic climate in the Russian Federation. In this regard, this article examined the economic challenges that push the Russian economy to development; the directions of improvement of antimonopoly regulation in the market of the Russian Federation established at the federal level are analyzed; the directions of development of legal norms are presented, which were not previously reflected in domestic law, but within the framework of the established economic practice, requiring a solution in the near future. Thus, the proposed changes to the current legislation will ensure the protection of the interests of all participants in the Russian market. |
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Key words: digital reality, compliance, the fifth antimonopoly package, concentration, cartel. |
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Vengerenko German Viktorovich |
Abstract | ||||||||||
| In this article, the author considers one of the main problems of conflict of law — a return reference. The value of the return reference lies in the fact that this institution of conflict of law provides an opportunity for the court of one state to refer to the law of another state. This is not a new phenomenon for private international law: some problems associated with the application of this legal institution appeared as early as the 19th century. In the legal system of the Russian Federation, the problem of the functioning of this institution manifests itself if it is necessary to resolve disagreements about the use of Russian legislation when specifying the Russian conflict of laws rule on the application of foreign law, if this foreign law refers to the application of Russian law. At this stage in the development of the legal system, there is still no universal solution to the problem. The purpose of the study is to analyze the Russian and foreign legislation regarding return referral | |||||||||||
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Key words: return reference, conflict of laws rule, foreign law, private international law. |
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| Abstract |
Vengerenko German Viktorovich Read the Article: |
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| This article discusses one of the most complex conflict of laws issues of a legal nature a return reference and a further reference (reference to the law of a third state). The purpose of this study is to analyze the Russian and foreign legislation regarding the return of referral. A systematic analysis of the provisions of Russian legislation in terms of the application of this institution in comparison with the legislation of foreign states was carried out. The article examines the various points of view of domestic scientists who advocate both the adoption and rejection of the use of a return reference, the advantages and disadvantages of using this institution of private international law are highlighted. Examples of judicial practice in the Russian Federation on this issue are given. At the end of the work, it was concluded that there is still no universal solution to the problem in doctrine and practice |
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Key words:conflict rules, return reference, reference to the law of a third state, foreign element |
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Voronov Nikolay Alekseyevich Read the Article: The role of an expert in the criminal process |
Abstract | ||||||||||
| The article discusses the role of an expert in criminal proceedings. The main goals and tasks that the expert faces are indicated. Some of the criteria that are set for a person acting as an expert are examined. The provisions of the Federal Law No. 73-FZ “On State Forensic Expert Activities in the Russian Federation” are also analyzed, which fix the clarifying concepts of expert activity. As a result of the study, it is noted that it is necessary to make changes to the Code of Criminal Procedure of the Russian Federation regarding the requirements for an expert. It is also emphasized that in practice the expert opinion often eliminates certain contradictions. In particular, in order to establish the truth in a particular case, the expert may supplement or refute the arguments of other persons participating in the case | |||||||||||
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Key Words:expert, expert opinion, special knowledge, expertise, criminal procedure, other persons involved in the case |
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| Abstract |
Gumerova Elizaveta Sergeyevna Social partnership in the field of labor)
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| The paper discusses the main varieties, forms and signs of social partnership in the labor sphere. Separate features inherent in the indicated social and legal institution are analyzed. The provisions of the scientific works of a number of jurists concerning social partnership in the labor sphere are studied. Foreign models of social partnership used in the framework of labor relations are studied, as well as a comparative description of the presented social and legal institution with its foreign counterparts. Particular attention is paid to the study of various forms of implementation of social partnership, their essence and characteristics. In conclusion, some conclusions are formulated regarding the material under study, as well as author's proposals are made aimed at increasing the effectiveness of social partnership and minimizing the occurrence of conflict situations between the employee and the employer |
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Key words: social partnership, employee, employer, state regulation, protection of rights |
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Zakharova Yekaterina Igorevna |
Abstract | ||||||||||
| During the development of the post-industrial information economy on the territory of the Russian Federation, violations of the rights of authors to the results of intellectual activity are increasingly occurring, which makes it necessary to strengthen measures to protect the interests of intellectual property rights holders. In this article, the author examines the activities of the Intellectual Property Rights Court, which is a specially authorized institution for the protection of exclusive rights, and also studies its organizational and legal specifics and competence, analyzes the main issues of the functioning of this body. The legal problems associated with determining the limits of the competence of the first specialized arbitration court are considered, and the opinion is substantiated that the mechanism for protecting intellectual property rights needs to be improved. The author concludes that there is a need to separate the Intellectual Property Rights Court into a separate structure of courts and to expand the scope of its competence | |||||||||||
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Key words: arbitration process, arbitration court, Intellectual Property Rights Court, protection of intellectual property rights, jurisdiction |
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| Abstract |
Zakharova Yekaterina Igorevna Read the Article: Mediation as a way of concluding a settlement agreement and terminating litigation |
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| This article analyzes the features of such an institution of alternative dispute resolution as mediation. The possibility of partial replacement by the mediation procedure of the judicial procedure for resolving a dispute in Russia is considered, various advantages of this method of conflict resolution over litigation are examined. The provisions of the Federal Law "On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure)" are analyzed. The work also raises an important question from a practical point of view about the relationship between the concepts of mediation and settlement agreement. An analysis is being made of the feasibility of the concluded mediation agreement for the parties involved who have resorted to this procedure for alternative dispute resolution. Particular attention is paid to the analysis of the role of mediation in the bankruptcy procedure, and possible directions for using the institution of mediation to improve the effectiveness of the institution of insolvency (bankruptcy) in the Russian Federation are revealed. |
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Key words:alternative dispute resolution, mediation, settlement agreement, bankruptcy |
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Kokoyeva Luiza Tembolatovna Purchase of leased property: the concept and legal problems of the implementation of the right |
Abstract | ||||||||||
| This article discusses the concept of redemption of leased property. Some problems of the implementation of the ransom, which are the subject of litigation, are being investigated, incl. the consequences of agreeing in the contract too low a price for the property to be redeemed, a ban on the inclusion of the redemption amount in the lease payments, the return of part of the paid redemption price and other problematic aspects. As a result of the study, it is concluded that there are a number of problems in the implementation of the right to buy out the leased property. In this regard, directions are formulated to eliminate legal gaps, incl. by legislatively limiting the maximum price increase, establishing a requirement regarding the separation of rental payments and the redemption price and a ban on their combination, introducing escrow accounts as part of the lease of real estate. | |||||||||||
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Key words: lease, purchase price, exrou, lease payment, market cadastral valuation, escrow account |
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Kupriyanova Tatyana Viktorovna Read the Article: The legal status of minors under the civil legislation of the Russian Federation |
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| The priority of human rights and freedoms over other social values, the focus on the protection of these rights and freedoms in state activity is one of the basic principles of any constitutional state. Of particular importance is the provision fixed at the international level that all minors need special protection and care. The purpose of this work is to consider the essence of the legal status of minors as a structural part of the civil law status of individuals in the Russian Federation. The author in this article reveals the content of the capacity and legal capacity of minors within the limits established by civil law. A number of norms of the Civil Code of the Russian Federation are analyzed, which fix the rights of minors and minors to independently carry out legal transactions, protect the property rights of the child. At the same time, the article indicates a list of issues that need to be addressed by amending civil legislation. |
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Key words: protection of rights, legal capacity, legal capacity, legal personality, legal status of minors |
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Mishchenko Nikita Gennadyevich Organization and initial stage of fraud investigation in conditions of non-obvious crim |
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| To date, the constant growth of crimes related to fraudulent activities is a negative phenomenon, entailing a number of negative consequences in the form of a deterioration in the economic and social situation in the country. The investigation of this category of criminal cases largely depends on the method of committing fraud, and therefore there are certain features at any stage of the investigation of such crimes. In this article, the author considers one of the main problems that law enforcement agencies face when investigating remote fraud - this is a rather long period of receiving answers to requests for information about subscriber numbers and information about bank accounts, in connection with which recommendations are made to improve the methods of investigation these crimes. | |||||||||||
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Key words: investigation of crimes, tactics of investigative actions, fraud, remote fraud. |
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Kupriyanova Tatyana Viktorovna On the issue of transactions in inheritance law
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| As a result of the legislative reforms carried out in 2019, civil law in Russia in the field of regulation of inheritance law has undergone significant changes. As a result, new rules were adopted regarding the increase in the scope of powers of testators and heirs and third parties on the settlement of the mechanism for the transfer and distribution of the estate among heirs. The purpose of this article is to study and analyze the innovations of the institution of the will that arose after changes were made to the institution of inheritance law. In this article, the author examines the legal nature of the inheritance contract, its problematic issues and the relationship of this contract with both the will and the joint will of the spouses. Various shortcomings are noted for these types of transactions, in connection with which recommendations are proposed for improving the current legislation. |
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Key words: inheritance law, will, inheritance contract, joint will, testator, heir. |
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Paschenko Yekaterina Vladimirovna |
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| Currently, judicial interpretation in any area is of great importance, since the result of the interpretation has a direct impact on the practice of applying legal dispositions in real social relations. Of all the areas of jurisprudence, in our opinion, the most strict, which does not tolerate deviations from imperative prescriptions, and therefore deserves the most attention, is criminal law. The latter contains many mechanisms aimed at classifying certain acts of individuals as crimes. Often, when investigating a criminal case, litigating a criminal case, imposing punishment for a committed act, law enforcers face difficulties associated with the difficulty of understanding certain criminal law norms. Only the court can explain the content of certain norms on its own when issuing an appropriate decision. At the same time, in practice, two models of interpretation have developed this is casual and normative. The first type of interpretation takes place in the proceedings in a particular case, and the second in the issuance of a general act of interpretation, extending its effect to all similar cases | |||||||||||
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| Abstract |
Popova Larisa Ivanovna Read the Article: |
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| In modern society, the issue of limiting the ability of minors to exercise inheritance rights on their own, that is, without the intervention of third parties, is an urgent problem, given that the rights of a minor in their content practically do not differ from the rights of an adult. However, the impossibility of a minor to independently exercise such rights entails a possible abuse of rights by his legal representatives. In this paper, the author considers the hereditary legal status of a child in the Russian Federation, as well as methods and methods for protecting and protecting the inheritance rights of a minor citizen. The article analyzes the issues of hereditary legal personality of minor heirs, the ways of overcoming the identified problems in the field of legal regulation of the inheritance rights of minors are revealed, for which the author proposes to amend the modern civil legislation. |
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Key words: hereditary rights, hereditary legal personality, realization of hereditary rights, heir, minors, guardians. |
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Repukhova Darya Andreyevna Read the Article: Features of the investigation of crimes committed in complicity |
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| The article discusses the features of the investigation of crimes that are committed in complicity. The definition of the concept of complicity is given in accordance with Art. 32 of the Criminal Code of the Russian Federation, indicates the various forms of complicity identified by criminal law and the scientific community. At the same time, it is noted that complicity as an object of study attracts many scientists, both criminologists and criminologists. In criminology, there are two levels of methodology for investigating crimes committed in complicity: the methodology for conducting operational-search actions and the methodology for conducting investigative actions, which are closely related to each other. In conclusion, the author comes to the conclusion that a quick and effective investigation of crimes committed in complicity depends on the correctness and completeness of obtaining operational-search information. | |||||||||||
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Key Words:crime, complicity, operational investigative measures, investigative situations, tactical decisions. |
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| Abstract |
Savickaya Anastasiya Vladimirovna, Frolov Viacheslav Vladimirovich
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| When investigating fraud committed in conditions of non-obviousness, at the initial stage of the investigation, one of the tasks of the investigator is to build versions about the person who committed it, the method of committing it, etc. A characteristic feature of this stage of the investigation is the insufficient amount of factual data collected in the case, which will be used as bases in the process of version formation. The investigator's knowledge of the content of the forensic characteristics of the crime and the skillful use of the content of its elements helps to ensure the quality of building versions in such conditions. This article explores the elements of the forensic characterization of fraud: information about the identity of the offender and the method of committing fraud, and provides scientific and practical recommendations on the use of the relationship of these elements in the course of building versions of the person who committed the crime. |
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Key words: fraud, forensic characteristics, the relationship between the personality of the criminal and the way of committing a crime, building versions. |
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Surovtseva Anna Olegovna |
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| The article is devoted to the current topic, which reflects the main directions of legal regulation of labor relations. The author pays special attention to the content and essence of modern labor legislation. This paper reflects certain aspects of domestic labor relations and the features that are inherent in them. At the same time, special attention is paid to the study of international normative legal acts on the legal regulation of labor relations. Among other things, the scientific works of thmost prominent representatives of the legal doctrine, as well as individual normative legal acts, were used in the study of the presented topics. According to the text of this scientific work, author's proposals and conclusions aimed at improving domestic legislation and resolving the most pressing problems raised in this scientific work have been formed | |||||||||||
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Key words: labor law, legal regulation, working hours, labor relations. |
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| Abstract |
Tkach Ruslan Valeryevich Read the Article: |
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| Trial is a stage of criminal proceedings, which reveals the principle of competition, stated in the Constitution of the Russian Federation and the norms of the Code of Criminal Procedure of the Russian Federation. The participation of a defense counsel in the trial is an important stage for the implementation of the appointment of criminal proceedings, the protection of the rights and freedoms of man and citizen. It is within the framework of the judicial investigation that the lawyer is given the opportunity to implement petitions that were not previously included by the preliminary investigation bodies in the materials of the criminal case, call witnesses, and provide his counterarguments in defense of his principal. Recognition of evidence as inadmissible, unfortunately, is a fairly common fact in criminal proceedings, which becomes known in court in the exercise of his professional activities as a defense lawyer, and there are many such violations, and they are revealed not only in the court of first instance, but also in other verification court instances. , namely in the appeal and cassation, which indicates significant violations of the procedure for collecting and securing evidence established by the criminal procedure legislation |
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Key words:defense counsel, criminal proceedings, judicial proceedings, preliminary investigation, operational investigative measures, evidence, judicial investigation, justice. |
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Udachin Aleksandr Ivanovich A lawyer as a guarantor of adversarial proceedings in criminal proceedings |
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| Constitutional guarantees on the implementation of legal proceedings on the basis of competition and equality of the parties are established in Part 3 of Art. 123 of the Constitution of the Russian Federation and are reflected in Art. 15 of the Code of Criminal Procedure of the Russian Federation as one of the principles of criminal proceedings. The procedural discrepancy between the powers of the parties (defense and prosecution) in the criminal process requires a review of the role of a lawyer and giving him greater powers and opportunities to protect the rights and freedoms of the person against whom procedural, investigative actions are carried out, for the actual implementation of the principle in question into practice. The adversarial principle needs to be reviewed at the pre-trial stage of the criminal process, since the priority of the investigative type of criminal proceedings dominates in it, leveling the constitutional positions. It seems that it is necessary to introduce clarifications of the Constitutional Court of the Russian Federation on the contentiousness of the issue into the norms of criminal procedure legislation, to introduce into the Criminal Code of the Russian Federation criminal liability for obstructing the activities of a lawyer | |||||||||||
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Key words: lawyer, criminal proceedings, parties, guarantees, adversarial, legality, preliminary investigation, justice |
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Udachin Aleksandr Ivanovich, Khashba Vladimir Igorevich Read the Article: Functions and powers of the defender in criminal proceedings |
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| The functions and powers of the defense counsel are a complex mechanism for the activities of a lawyer in criminal proceedings, which, at the same time, does not have a clear regulation in the norms of the criminal procedural legislation. The provision of legal assistance on a professional basis is enshrined in the Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, therefore, the effectiveness of the defense of a suspect, accused, defendant largely depends on the knowledge, skills and abilities of a defense lawyer. This article reveals controversial issues related to the conduct of a lawyer's investigation by a defense counsel, examines the violations committed by operational officers, preliminary investigation bodies, and considers possible options for solving problems with their elimination. It is proposed to fix in more detail the functions and powers of the defense counsel in the norms of the Code of Criminal Procedure of the Russian Federation, which will help strengthen the protection of the rights and freedoms of man and citizen, levels out total violations by the prosecution, which, in turn, will affect the quality and efficiency of all criminal proceedings. |
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Key words: lawyer, criminal proceedings, functions, powers, legality, preliminary investigation, operational investigative measures, justice. |
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Furazhnin Dmitry Yuryevich, Yakovets Evgeny Nikolaevich |
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| The article discusses the current problems of countering terrorism in Russia. A brief historical retrospective of this criminal phenomenon is given. Its comparative characteristics with similar criminal phenomena in Western countries are given. The importance of countering cyberterrorism at the present stage is emphasized. The evolution of the American and Russian antiterrorist legislation against the background of the intensification of measures to combat terrorism after September 11, 2001 is shown. It is concluded that the manifestations of terrorism in Russia are fueled at the present stage mainly by international terrorist organizations. The activities of foreign special services in the post-Soviet space also have a noticeable destructive effect on the anti-terrorist situation in the country | |||||||||||
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Key words: terror; terrorism; terrorist organization; terrorist; terrorist act; cyberterrorism; extremist activity |
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| Abstract |
Kharin Nikolay Sergeyevich, Shevel Dmitriy Vladimirovich Separate issues of use of special knowledge in investigation of theft vehicles (land)
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| When investigating economic crimes, the use of special knowledge is of great importance. The quality of this use often directly determines the final result of the investigation the establishment of the truth in a criminal case. But, as the generalized investigative practice of investigating this group of crimes shows, investigators make shortcomings when appointing a forensic accounting expertise (incorrectly formulate questions in the decision to appoint an expertise, present an incomplete set of documents to the expert, etc.). In turn, the experts also experience certain difficulties during the study, due to the imperfection of expert studies, the need for a comprehensive study of the object of examination, not only by a person with knowledge in accounting, but by a specialist in the field of computer technology (accounting is carried out using computer programs). All this ultimately hinders the timely disclosure of economic crimes, adversely affects the timing and quality of the investigation. This article analyzes the appointment and production of forensic accounting expertise in the investigation of economic crimes, identified organizational and methodological ways of its development. |
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Key words: economic crimes, forensic accounting expertise, digital economy, comprehensive expert research, methods of expert research, expert errors. |
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Kharchenko Eva Eduardovna, Yushko Aleksandr Viktorovich |
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| In this paper, topical issues related to the principles of public service implementation are considered. The author lists the most important and key principles on which the activities of most officials are based. The paper also considers the main features and the most characteristic features inherent in modern public service. Among other things, the author identifies a whole list of problematic aspects that are present in modern public service. At the same time, the basic principles of public service and the activities of officials have been studied, in particular, the principle of legality has been considered in more detail. When compiling this scientific work, modern developments of legal doctrine were used, as well as some normative legal acts were analyzed. In conclusion, the author formulates his own conclusions based on the studied material | |||||||||||
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Khudobina Diana Andreyevna Read the Article: Asymmetry in the federal structure of the Russian Federation |
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| The phenomenon of symmetry and asymmetry of the federation in political and legal sciences in the Russian Federation has been actualized in doctrinal interpretation relatively recently. The author in this scientific work investigates the aspects of asymmetry in the federal structure of the Russian Federation, the key issues of symmetry and asymmetry of the federation in general theory, analyzes the problems, provides a comparative analysis. The problem of symmetry and asymmetry of federations has always worried legal scholars, as a result of which it is still an urgent topic of discussion. The scientific article defines the features of the Russian federal statehood associated with the asymmetry of the subjects of the Russian Federation, defines the concept of "asymmetry" introduced into scientific circulation. The points of view of various scientists on the positive and negative nature of the existence of federations of an asymmetric type are reasoned. |
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Key words: subjects, asymmetry, Russian Federation, federal structure |
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Shagovik Ilya Yurievich Read the Article: Audit control in the financial control system |
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| In this article, the author considers audit control in the financial control system, as well as their features. Attention is drawn to the concept and types of audit control in the Russian Federation. Some problems of audit control in modern times are revealed. Attention is drawn to the federal legislation in the field of auditing, in particular, the general provisions of the Federal Law "On Auditing" are considered. The process of passing the qualification exam by a person applying for an auditor's qualification certificate is analyzed, and why the process of becoming an auditor is quite complicated is described. The problem of distrust on the part of entrepreneurs to audit is presented, a way to solve this problem, which is relevant in modern times, was proposed | |||||||||||
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Key Words:auditor, audit control, financial control, evaluation, auditor's qualification certificate |
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| Table of Contests | |||||||||||||||
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Pesotskaya Yelena Nikolayevna, Mochalov Evgeny Vladimirovich, Zorkina Angelina Vladimirovna, Zorkin Mikhail Viktorovich, Makarova Julia Alexandrovna Read the Article: |
Abstract | ||||||||||||||
| This article discusses the role of special authorial’s anthropologies, which demonstrates the movement of the new status of "science of human sciences,"substantiating the special metaphysical position and essence of a man in the structure of a holistic human picture. The study of the totality of epistemological models and higher values of being in humanitarian knowledge is analyzed, which implies their representation in modern religious anthropology. The value foundations of the philosophy of the act and human activity are closely ontically intertwined with universal values. The value approach reflects the measure of individual responsibility for actions as creating an awareness of the value of the results of life experience. Spiritual truth is defined as part of the essential properties of a man as shaping his future and present. In postmodern, the connection of the experience of faith with the experience of salvation is introduced into the methodology of understanding the essence and nature of a man in order to restore the connection of desiderium videndi Deum and the divine gift of grace. The principle of synergy is applied as the main methodological principle. In Christian gnoseology, it is used to understand the possibilities of anthropological discourse in the complex of humanitarian and natural science knowledge. In the traditions of European philosophy, the author proceeds from the value of a person in his own right. in contrast to understanding a man as a resource for solving the social, political and economic problems inherent in modern project thinking. . | |||||||||||||||
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Key Words: a person, a personality, truth, faith, value, freedom, morality, activity, Christian anthropology, hermeneutics, Christocentrism, tradition, non-holastic approach, principle of synergism, religious anthropology, systematic approach, humanitarian knowledge, natural science. |
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| Abstract |
Orobets Anton Andreevich, Khasheva Zarema Muratovna Making lending in commercial banks in modern conditions
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| This article examines the problem of improving lending in commercial banks in modern conditions. Today, it is often very difficult for solvent borrowers to get a loan. Or you can get a loan, but only for the minimum amount that the bank approves. Due to the difficult economic situation due to the coronavirus pandemic, people began to lose their jobs more often, and banks began to face more arrears. In many of the largest banks, the decision to approve a loan is made by robots, a scoring system that works according to the algorithms originally embedded in it and is not able to individually look at each individual potential borrower. It is necessary to figure out whether a scoring system is needed in the banking sector today or whether it is worth making decisions by processing a loan application by a credit committee. Perhaps scoring is still needed, but its work algorithms need to be adjusted in view of new economic and social circumstances |
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Key words: crediting, borrower, scoring |
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Polukhina Victoria Sergeevna, Tsorayeva Eleonora Nikolayevna |
Abstract | ||||||||||
| Any human activity, including cadastral, is associated with the occurrence of errors, which result in direct damage to the owners of real estate objects, additional time and money costs, and in some cases the inability to use or dispose of their property. Despite the large number of publications on this topic, recommendations for fixing registry errors have not been studied enough. The purpose of the study is to identify registry errors in the information of the Unified State Register of Real Estate. The article analyzes registry errors made in the Unified State Register of Real Estate by cadastral engineers. Based on the data of the public cadastral map, specific examples of identified intersections and overlaps of land boundaries are given. The reasons for the occurrence of registry errors are established. In conclusion, author’s recommendations are given | |||||||||||
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Key words: cadastral activity, USRN, registry error, mismatch of borders, imposition of borders, land plot |
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| Abstract |
Agarkova Anna Andreyevna, Ochakovskiy Viktor Aleksandrovich Read the Article: The feasibility of introducing a resort tax in the Russian Federation. Development prospects |
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| At the moment, an experiment is being carried out in the Russian Federation to introduce a resort fee in the territories of a number of subjects. The article discusses aspects that require changes and improvements for the further introduction of the specified fee for the use of resort infrastructure in the form of a new local tax. The provisions of the Federal Law "On conducting an experiment on the development of resort infrastructure in the Republic of Crimea, Altai Territory, Krasnodar Territory and Stavropol Territory"are analyzed. As a result of the study, it was concluded that the resort fee at the current stage requires improvements and clarifications as part of regulatory changes. In particular, with the elimination of shortcomings, this type of payment for the use of resort infrastructure may exist even after the termination of the project as a new type of local tax.l. |
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Key words:experiment, resort tax, tax, resort areas, infrastructure, resort tax operator. |
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| Abstract |
Ilnitskaya Lyubov Igorevna, Vasechkina Anna Vasilyevna
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| The article analyzes the state of struggle of law enforcement agencies of the Southern Federal District of the Russian Federation with the legalization (laundering) of money and other property obtained by criminal means in the period from 1997 to 2003. The causes of crime associated with the legalization (laundering) of money and other property obtained by criminal means are investigated. Statistical data are provided on crimes committed in the Krasnodar Territory, Stavropol Territory and Rostov Region for the specified period. It is noted that recently criminals have been legalizing the proceeds of crime in a smaller amount by purchasing real estate, and more often they “launder” them through financial transactions. The paper analyzes the legal framework and identifies its imperfections, which make it impossible for law enforcement agencies to properly counter legalized criminal capital. |
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Key words: Crime, organized crime, legalization (laundering) of cash and other property obtained by criminal, accounting and registration discipline, analysis of statistical data, reconciliation of criminal cases, survey of employees of the ICT. UBOP MIA, FSB, Tax Police, Prosecutors, Sources of Criminal Income, Frame Structure of Criminal Activities, Rating of the profitability of criminal activities, Methods of legalization, legalization items. |
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Vinichenko Alina Sergeyevna, Chernov Yuriy Ivanovich Monetary circulation: issues of international legal regulation |
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| The problem of legal regulation of monetary circulation in the information society has not been studied in sufficient detail in the science of financial law. At the same time, it is becoming increasingly relevant with the development of digitalization. Particular attention of researchers and law enforcers is paid to issues related to the procedure for making money transfers by foreign citizens. Within the framework of this work, the features of the financial and legal regulation of money circulation in the conditions of the information society are considered. The features of the impact of such a category of the population as migrants on economic processes in the Russian Federation are analyzed. The types of money transfers carried out by labor migrants are considered in the conditions of informatization of society and the question of the need to stimulate the financial development of the state is raised. In conclusion, the author’s proposals are formulated. | |||||||||||
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Key words: money transfers, forms of money transfers, cash form of money transfers, non-cash form of money transfers, migrants. |
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| Abstract |
Voytikov Aleksey Alekseyevich, Ivanenko Igor Nikolayevich Read the Article: |
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| The article discusses the imposition of value added tax on mutual funds. The problems of taxation of mutual investment funds associated with the imperfection of Russian legislation are investigated. It is noted that many investors, when purchasing a share, do not fully understand the principles of taxation in certain situations. The paper indicates ways to reduce the tax burden for the taxpayer, outlines the principles that must be observed at a time to receive tax benefits. Definitions of the concepts of a unit investment fund, the object of taxation on value added tax are given. The procedure for applying tax deductions is described. Regulatory legal acts, federal regulations and provisions of tax legislation are considered. The author’s recommendations are given for improving the current tax legislation in terms of imposing value added tax on unit investment funds |
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Key words:mutual funds, value added tax, object of taxation, trust management, tax benefits. |
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Gabrelyan Mariya Vladimirovna |
Abstract | ||||||||||
| This scientific work discusses the concept and essence of an arbitration agreement, its types, and also analyzes the legal features of an arbitration agreement. The reasons motivating the parties to apply this method of dispute resolution are revealed, the problematic aspects of its implementation are identified. Ways of solving the issues identified in the article are proposed. Regardless of the existence of a number of problematic aspects, the arbitration agreement is by far the most productive method of resolving disputes. The growing number of references to the arbitration agreement every day only confirms the desire of the parties to take advantage of the free will that is provided to them through this method. The provisions disclosed in this scientific work are important for understanding the theory of arbitration | |||||||||||
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Key words: : arbitration agreement, arbitration |
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Gumerova Yelizaveta Sergeyevna, Yushko Aleksandr Viktorovich Read the Article: |
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| This article is devoted to the study of the prevention of corruption manifestations in the public service system in the Russian Federation. Corruption in the sphere of state power has a negative impact not only on the implementation of public service, but also on ensuring the rights, freedoms and legitimate interests of all citizens in general. Today, corruption among public servants is extremely common. Usually, corruption crimes in the public service are manifested in the abuse of one’s official position. In conclusion, the authors formulate proposals aimed at developing domestic legislation and solving some problematic aspects and debatable issues in this area. Thus, according to the authors, a new chapter should be included in the Code of the Russian Federation on Administrative Offenses, which will provide for the procedure, grounds and conditions for establishing administrative responsibility for committing corruption offenses. |
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Key words: corruption crimes, administrative responsibility, offense. |
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Deyko Yelena Aleksandrovna Discrimination in the sphere of labor as a topical problem of labor law |
Abstract | ||||||||||
| The article deals with discrimination in the sphere of labor as an actual problem of labor law. The definition of discrimination is given, its features are indicated. The right to work enshrined in the Constitution of the Russian Federation, the Labor Code of the Russian Federation and in the Declaration of the International Labor Organization is analyzed. The problem of proving discrimination in court is investigated. The types of discrimination are considered. According to the author, specifying the principles of labor legislation is not sufficient. On the issue of the prohibition of discrimination in the world of work, there is a lack of necessary protection for workers who are discriminated against in the workplace. The paper concludes that it is necessary to improve Russian labor legislation to combat discrimination in labor relations. Judicial practice is analyzed, which clearly demonstrates the need to eliminate discrimination in labor relations. | |||||||||||
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Key words: labor law, labor legislation, discrimination, principle, phenomenon, court. |
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| Abstract |
Dronova Marya Arkadyevna, Glinshchikova Tatyana Vadimovnah Principles of international commercial contracts UNIDROIT as a result of non-state codification
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| This scientific work considers the fundamental principles used by the subjects of international private law relations when concluding international commercial contracts UNIDROIT principles of international commercial contracts. In the course of the study, the issues of creating these Principles, their significance for the modern world, the peculiarities of their application in practice, as well as cases when the Principles acquire legal force were considered. At the heart of giving the UNIDROIT Principles a binding character for the participants in the relevant relations is the will and will of the parties to the international contract. One of the main reasons for the formation of the Principles was the lack of uniformity in the regulation of international private law relations relating to the conclusion of international commercial contracts. UNIDROIT principles occupy an important place among all sources of non-state regulation of the considered sphere of relations. The above provisions determine the relevance of the research topic under consideration |
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Key words: private international law, international treaty, international commercial contracts, party autonomy, international commercial arbitration. |
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Zhevtyak Inna Gennadyevna Settlement agreement in the arbitration process: legal problems of application |
Abstract | ||||||||||
| At present, the importance of a settlement agreement as an alternative form of resolving a litigation is increasing every day, both in theory and in practice. The article examines the main issues of the application of a settlement agreement in the arbitration process of Russian law, and also identifies the features of this institution in modern conditions. The normative-legal acts concerning this legal institution are analyzed. The advantages of a settlement agreement are considered, which make it one of the most effective conciliation procedures. The article also identifies gaps in the legislation governing this issue, and suggests ways to solve some problems. The author emphasizes the importance of further development and expansion of the use of a settlement agreement in the arbitration process | |||||||||||
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Zhukova Polina Stanislavovna, Kudryavtseva Larisa Vladimirovna Read the Article: |
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| This work is devoted to the study of the issue of criminal prosecution of persons who do not execute judicial acts. Along with this, the criminal law doctrine and current legislation are being studied, dedicated to the legal regulation of the issues presented. Also, within the framework of this topic, the author conducts a comparative characteristic with the legislation of foreign countries. The most pressing problems are considered and the ways of overcoming and resolving most of the discussion issues are formed. The legislation of a number of countries does not provide for criminal liability for these socially dangerous acts. However, these countries provide for the application to such persons of measures similar to the sanction of domestic criminal law. It is noted that the modern criminal law doctrine contains several controversial issues that relate to the definition of the essence and semantic content of a number of concepts related to the problem under consideration |
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Key words: debtor, criminal responsibility, crime, judicial act, non-performance. |
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Zakharova Yekaterina Igorevna Read the Article: Selected Issues Related to the Functioning of Arbitration Courts |
Abstract | ||||||||||
| The article examines the legislation on arbitration in the Russian Federation. The peculiarity and advantages of the arbitration court over state courts are revealed. The changes in the current procedural legislation in the field of functions of control over the activities of arbitration courts and the implementation of assistance to arbitration proceedings by the state represented by specially authorized bodies - state courts are analyzed. It also considers the changes made to the Civil Procedure Code of the Russian Federation, in particular those relating to the exercise of the powers of the prosecutor on the issues of applying to the court with an application to cancel the decision of the arbitration court. The paper presents the legal problems that the prosecutor may face when making such a statement. Ways of solving certain issues of legal regulation in this area are proposed. | |||||||||||
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Key Words:arbitration, alternative dispute resolution, civil process, arbitration process. |
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Zakharova Yekaterina Igorevna Institute of Electronic Evidence in the Arbitration Process of the Russian Federation
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| This article is devoted to the analysis of the legal regulation of electronic evidence, including the use of information obtained using e-mail, electronic digital signature, electronic documents, etc., as one of the types of evidence in the arbitration process. The article discusses the concept of an electronic document as evidence, analyzes the features and legal nature of an electronic document, as well as the necessary criteria on the basis of which it can be attached by the court to the materials of the case under consideration. The opinions of various scientists on this issue are given. The practice of arbitration courts of the Russian Federation in the field of evaluating this evidence from the standpoint of reliability and admissibility in the arbitration process is being studied. The ways of overcoming the identified problems in the field of legal regulation of electronic evidence are revealed. |
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Key words: arbitration process, arbitration court, electronic evidence, electronic document, proof. |
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Zakhozhy Kirill Aleksandrovich, Mironova Darya Aleksandrovna Modernization of mortgage securitization infrastructure by bank controlling |
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| The article examines the modernization of the mortgage securitization infrastructure by banking controlling in the context of the coronavirus pandemic, which had a significant negative impact on the global economy. This problem is particularly relevant in Russia at the present time, as difficult external economic conditions force Russian banks to look for new ways to attract liquidity. The paper reveals the problem of the variability of the legal field of securitization in Russia, determines the need for infrastructure to improve this institution. The main problems of mortgage securitization in the Russian Federation are formulated. The authors propose the creation of a Center for the study of the genesis of mortgage securitization on the basis of the joint-stock company "DOM.RF"as the main conductor of the state policy in the field of mortgage lending. | |||||||||||
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Key words: mortgage securitization, bank controlling, mortgage securitization infrastructure, legal field of securitization |
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Ivaschenko Egor Aleksandrovich Read the Article: |
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| A trademark is a sign used to individualize the goods of the right holder, the work performed by him or the services provided by legal entities or individuals. The definition of the concept of exclusive right to a trademark is given. The provisions of Art. 1484 of the Civil Code of the Russian Federation, which reveals what the use of a trademark entails. The article notes that the use of the result of intellectual activity without the consent of the copyright holder is prohibited by law. In case of violation of the exclusive right, the right holder may resort to its protection. Protection of trademark rights is carried out before and after registration of a trademark. According to the author, the definition of the term "trademark"should be fixed in Article 1477 of the Civil Code of the Russian Federation. |
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Key words:trademark, service mark, responsibility, protection of rights. |
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Kadushkin Sergey Konstantinovich Kikhayeva Alina Sergeyevna |
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| The paper deals with the issues of establishing administrative responsibility for the illegal employment of a foreign person in the Russian Federation. The modern administrative legal doctrine is analyzed, as well as the current legislation governing legal relations in this area, in particular the provisions of the Code of the Russian Federation on Administrative Offenses. The judicial practice, the subject of which is the establishment of administrative responsibility, is investigated. Particular attention is paid to the study of certain circumstances that cause the onset of administrative responsibility. The main goals of establishing administrative responsibility for the illegal employment of foreign citizens or stateless persons are indicated. In the conclusion of this study, the author’s proposals are formulated that contribute to the resolution of the problems identified in the article | |||||||||||
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Key words: labor activity, foreign citizen, employer, administrative responsibility, offense |
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Kosyuga Oleg Sergeyevich, Lytnev Nikolay Nikolayevich, Usenko Anatoliy Sergeyevich Read the Article: The need to use information security techniques to prevent economic losses from cybercrime |
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| In the modern world, there is an increasingly active development and implementation of information technologies in almost all spheres of human life and society. In turn, there is an increase in crime in this area. The crimes under consideration are based on methods of bypassing the protection mechanisms of programs and websites, as well as on various methods of illegally obtaining confidential information, and therefore there is a need for a prompt response to emerging threats from criminals. In the article, the authors study various examples of economic crimes using information technology. Methods are also proposed to combat them in order to prevent the illegal receipt of confidential information from organizations, which entails financial losses of various scales. |
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Key words: internet, e-business, cybercrime, internet fraud, personal data protection. |
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Krutova Yana Aleksandrovna, Lavrusheva Ksenia Vitalievna |
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| The article discusses the legal aspects of the implementation of budget policy, trends in its development and priority areas of activity, as well as the features of the formation of the federal budget of the Russian Federation. The key direction of the budget policy of the Russian Federation is to ensure financial security in spite of external economic and political pressure, as well as its implementation within the framework of global and regional instability. Under the influence of modern conditions, it is necessary to adjust the directions and forms of budget policy implementation, change the rules for budget execution, and implement a competent budget policy in a period of limited financial reserves. In addition, the presence of internal crisis phenomena has an impact on budget policy. The paper examines the problems and phenomena that have the most significant impact on the implementation of the state budget policy | |||||||||||
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Key words: budget legislation, budget policy, budget, cooperation, indicators, economic growth. |
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Kadushkin Sergey Konstantinovich, Shchukin Mark Aleksandrovich Issues of improving the composition of crimes with administrative prejudice
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| This article discusses the concept of "administrative prejudice examines the issues of improving the elements of a crime with administrative prejudice. It is noted that the peculiarity of administrative prejudice is the methods of criminalization and decriminalization of crimes. It also examines the features and exceptional moments in the qualification of crimes with administrative prejudice. According to the authors, the concept of a special subject of a crime, which contains an administrative prejudice, should be specified. These changes will lead to the elimination of gaps in the legislation, contribute to the development of a uniform law enforcement practice and more detailed regulation of legal relations in this area. We consider it important to develop a single concept of a special subject in crimes with administrative prejudice, which will lead to the further unification of all such elements of a crime |
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Key words: administrative prejudice, corpus delicti, offense. |
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Kuranov Danil Vladislavovich, Oparin Vitaliy Nikolayevich |
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| This article is devoted to a detailed analysis of the implementation of constitutional control in foreign countries and in particular in the United States of America. The paper defines the concept of "constitutional control provides a detailed analysis of various models for the formation and practical implementation of constitutional control in the United States of America. Along with this, the main and primary tasks of the bodies of constitutional control are singled out, and their functions are also revealed. The provisions of a number of scientific works of the most prominent jurists in this field are considered. At the end of the work, the author forms his own opinion on the effectiveness of constitutional control, as well as its importance for modern legal relations. According to the author, in order to improve constitutional control in the Russian Federation, it is necessary to form specialized constitutional (statutory) courts in all subjects without exception. | |||||||||||
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Key words: constitutional control, state body, regulatory legal act, constitutional prescription. |
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Kuranov Danil Vladislavovich, Yushko Aleksandr Viktorovich Read the Article: |
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| The article is devoted to the problems of budget formation on the example of the Krasnodar Territory and the municipality of Krasnodar in particular. The basics of budgetary and municipal law in the field of budget formation of individual subjects of the Russian Federation are considered. The work reveals the legal nature of local budgets, as well as the legal regulation of legal relations that arise on the basis of budgetary law and the distribution of funds. The definition of the concept of budget is given, its components are considered. The main reasons for the budget deficit of the constituent entities of the Russian Federation are indicated. It is noted that the budget of the city of Krasnodar, although it contributes the largest revenue part to the budget of the Krasnodar Territory, depends on federal subsidies. In conclusion, the author’s proposals are formulated to solve a number of problems associated with a lack of financial resources in local budgets. |
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Key words: ocal budget, deficit, consolidated, income, expenses. |
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Kuroyedova Vlada Aleksandrovna, Pavlov Nikolay Vladimirovich Read the Article: Implementation of the principle of legality in public service |
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| The study has undergone a rather relevant, to date, topic devoted to the analysis of the principle of legality, as well as its implementation in practice. The author focuses on the influence of the principle of legality on the activities of state bodies and their officials. In addition, the work mentions other signs of public service, which are also of no small importance. When considering the issues raised, modern administrative legislation was studied, as well as domestic scientific legal literature devoted to this topic in the work. In addition to all this, this scientific work reveals the most basic features that distinguish public service from other types of public activity. At the same time, this study reveals the characteristic features that embody the legal status of any civil servant. In conclusion, the author forms several introductions regarding the studied topics, as well as raises topical issues and offers his own solutions to the problems raised in the article. | |||||||||||
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Key Words:state service, principle of legality, legal status, state body. |
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Lunin Maksim Eduardovich The subject of proof in cases of contesting a retail sale contract in an arbitration process
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| This paper analyzes the subject of proof in cases of challenging the retail sale and purchase agreement in the arbitration process. The normative regulation of the subject of proof in the arbitration process is considered. The possibility of claiming evidence with the help of the court is being explored, in particular in disputes arising from retail sales transactions. The issue of providing certain information on a mandatory basis when considering disputes arising from retail purchase and sale transactions is being studied. On the example of these disputes, a possible evidence base is analyzed. In the article, the author comes to the conclusion that, first of all, the correct determination by the court of the subject of proof in cases of challenging the retail sale and purchase agreement in the arbitration process contributes to the purposefulness of the trial, a comprehensive study of the actual circumstances of the case, increasing the degree of guarantee for the protection of the rights and interests of persons receiving participation in the case. |
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Key words: The subject of proof, the arbitration process, the circumstances of the subject of proof |
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Mazyuta Yelizaveta Vyacheslavovna, Napso Rina Ruslanovna, Pavlov Nikolay Vladimirovich |
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| To date, world practice knows various ways to use tools and programs that help resolve issues of local self-government. Outsourcing, benchmarking, and reengineering are among the most well-known tools. These methods involve the delegation of authority and the introduction of new experience to revise the old ways of solving current problems. Outsourcing involves the transfer of part of the authority to a certain organization with the necessary specialization. This article discusses the use of outsourcing as the main new way of managing. The advantages and possible disadvantages of outsourcing are noted. As a result of the study, it was concluded that the use of outsourcing technologies, which provide for the delegation of powers of local governments to private organizations, will reduce the cost of public functions | |||||||||||
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Key words: municipal formation, local self-government, municipal government, issues of local importance, participation of the population, administrative reform |
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Mironenko Nikita Nikolayevich, Pavlov Nikolay Vladimirovich Read the Article: |
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| This scientific work is devoted to the study of the features of the management of municipal property. The article provides a definition of the concept of municipal property. The provisions of the current legislation and modern legal doctrine are analyzed. The legal nature and types of municipal property, as well as the characteristic features of the management of this property by the competent municipal authorities are considered. The goals of municipal property management and activities for the management of this type of property are formulated. Some problematic aspects that arise in the implementation of municipal property management are highlighted. In conclusion, the author makes proposals aimed at improving the management of municipal property, among which one can single out an increase in the level of professional training and advanced training of municipal employees, as well as an increase in control over the rational and targeted use of municipal property. |
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Key words:municipal property, property right, municipal entity, owner’s authority, local self-government |
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Mustafin Rafael Failyevich, Mustafina Svetlana Anatolyevna |
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| Mankind has developed several methods for handling waste substances, materials, municipal solid waste, municipal solid waste and other hazardous waste. The authors analyze and compare the advantages and disadvantages of types of garbage and waste processing, their pros and cons, as well as the mechanisms and methods used to ensure the safety of people, living beings, deep bioresources, and reduce the harmful impact on the ecosystem as a whole. Attention is drawn to the current Russian legislation in this area. The situation that has developed around the pollution of the seabed and the aquatic ecosystem as a whole is considered separately, since already in 2021, even in a relatively small water-sea territory of the Krasnodar Territory, there were several spills of oil products. Since such catastrophes are not uncommon nowadays and in the waters of the oceans, great attention is also paid to international environmental safety in the framework of the Convention for the Prevention of Pollution of Ships of 1973 and its amendments, appropriate conclusions and proposals are made. | |||||||||||
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Key words: environmental safety, solid municipal waste, solid household waste, dumping, garbage, hazardous waste, burial, destruction, disposal. |
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Naryshkina Anna Vitaliyevna, Ochakovsky Victor Alexandrovich Read the Article: Legal regulation of changes in the term of performance of tax obligations |
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| In this scientific work, the procedure and grounds for changing the deadline for fulfilling a tax obligation in the Russian Federation are considered. The institutions of tax law, such as deferral, installment plan and investment tax credit, as well as their dynamics and development trends are analyzed. The list of required documents has been determined and the deadlines for submitting an application for changing the deadline for paying a tax or fee have been outlined. The problem of granting a deferment or installment plan to taxpayers who, with a lump-sum payment of tax, can potentially acquire signs of bankruptcy, has been studied. The current legislation on this topic is analyzed and the existing problems in the field of legal regulation of changing the deadline for fulfilling a tax obligation are identified. Possible options for their resolution are proposed. |
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Key words: tax obligation, change in the term of execution of tax obligation, installment, deferral, investment tax credit |
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Oblivantseva Darya Vladimirovna |
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| This article provides a legal analysis of an on-site tax audit. The essence and meaning of this check are analyzed, its main positive aspects are identified, and key characteristics are also considered. The classification of the tax audit on various grounds is given. The importance of an on-site tax audit as an effective tool for detecting and preventing tax crimes by taxpayers is noted. It is indicated that the main difference between an on-site tax audit and an in-house audit is that an on-site tax audit is carried out directly on the territory of the organization, and an in-house tax audit is carried out remotely by examining various documents of the organization. In conclusion, the author formulates his own recommendations regarding the range of issues considered in the article. | |||||||||||
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Key words: tax law, law, field tax inspection, taxpayer, tax control. |
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Polovinko Aleksey Yuryevich, Pavlov Nikolay Vladimirovich On the issue of administrative responsibility in a high alert regime
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| This scientific study examines the issue of establishing administrative legal responsibility in conditions of high alert. It is noted that administrative responsibility acts as a special legal regulator of public relations. The problem of establishing administrative responsibility as part of the introduction of a high alert regime is also considered. The definition of the concepts of "administrative responsibility"and "high alert mode"is given. The essence and content of administrative responsibility as a special kind of legal responsibility are investigated. The normative-legal acts regulating the establishment of administrative responsibility during the introduction of the high alert mode are analyzed. Particular attention is paid to the provisions of the Code of the Russian Federation on Administrative Offenses. The modern legal doctrine devoted to the study of the questions posed is studied in detail. In conclusion, the author’s recommendations are given regarding the introduction of amendments to the current version of the Code of Administrative Offenses of the Russian Federation |
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Key words: administrative responsibility, emergency, high alert, requirement, administrative offense |
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Serbin Sergey Vladimirovich, Popova Larisa Ivanovna |
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| This article examines the legal understanding of plagiarism from the point of view of civil law. A comparison of legal liability for the commission of these offenses in civil and criminal legislation is carried out. The provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 14 are analyzed. The concepts of plagiarism, its types and signs are considered. It is noted that on the part of civil law, plagiarism as an offense does not have a legally fixed concept and system of norms, the composition of the offense itself and its individual types, signs are not provided. In addition, it is required to develop a civil law mechanism for bringing to responsibility for plagiarism. According to the authors, the allocation of plagiarism as an independent offense will create prerequisites for the further development of legislation in the field of intellectual property rights | |||||||||||
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Smirnova Tatyana Nikolayevna Read the Article: |
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| In the modern world, the popularity of resolving an economic dispute complicated by a foreign element is growing increasingly popular by considering such a dispute in international commercial arbitration. To date, this type of alternative dispute resolution is one of the most effective tools for resolving private law issues. This article analyzes the main legal sources of regulation of international commercial arbitration, as well as its main characteristics, types and forms. The paper also analyzes the consideration of disputable legal relations in international commercial arbitration in comparison with state courts. In addition, the author examines the features of the process of settling international economic disputes in the Russian Federation. A number of problems are outlined, in particular, the problem of the dependence of arbitration courts on state authorities in Russia |
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Key words: alternative dispute resolution, international arbitration, arbitration, foreign element. |
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Surovtseva Anna Olegovna, Yushko Aleksandr Viktorovich Read the Article: Legal responsibility of the city administration to the state |
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| This work is devoted to the study of the peculiarities of the onset of the legal responsibility of collegial local authorities to the state. The provisions of some normative legal acts regulating these legal relations are analyzed. In particular, the provisions of Art. 72 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation". In addition, problematic aspects of legal doctrine are studied. The main stages and conditions for bringing these subjects to legal responsibility are considered. The features and characteristic features of the legal regulation of the procedure for establishing the legal responsibility of local self-government bodies to state authorities and the state as a whole are studied. In conclusion, the author forms several conclusions, and also gives recommendations aimed at improving the current domestic legislation | |||||||||||
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Key Words:administrative responsibility, civil servant, municipal authority, state body. |
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| Abstract |
Fedorov Aleksandr Sergeyevich
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| Since social relations are constantly evolving, the legislation governing notarial activities is also in constant transformation, new types of notarial actions are emerging. This article analyzes the notary as a special institution that ensures the protection of the rights and legitimate interests of participants in civil transactions. The implementation of the human rights function of a notary consists, for example, in the fact that the civil and arbitration procedural legislation of the Russian Federation provides, among the grounds for exemption from proof, circumstances that were previously confirmed by a notary. Thus, the notary, performing a human rights function, acquires special significance when considering cases by state courts. Nevertheless, despite the functions of the notary aimed at creating indisputable evidence and preventing litigation, there are still gaps in domestic legislation that need to be addressed. |
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Key words: notary, notarial activity, evidence, prejudice, protection of rights. |
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Khromenkova Tatyana Valeryevna To the question about the problem aspects of the challenge of regulatory legal acts |
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| The work is devoted to the study of the legal nature and essence of the procedure for challenging legal acts. The problems and mistakes that are made by the courts when considering such cases are considered. The provisions of the Russian legislation concerning the contestation of normative legal acts, as well as the legal doctrine, are studied. The aspects that are mandatory in the implementation of this procedure are analyzed in detail, namely the information that must be provided to the court by the applicant. The article also points out the problems of judicial practice when considering such disputes, in particular, it refers to the mistakes made by the courts. An author’s proposal is being formed, aimed not only at resolving this problem, but also at improving the current legislation in this area as a whole. | |||||||||||
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Key words: Normative legal act, contestation, invalidity, unlawfulness. |
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Chermit Shikham Askerovich, Shulga Antonina Konstantinovna Read the Article: Grounds and conditions for civil liability of business entities |
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| This article discusses the current problems of civil liability of business entities. The conditions and grounds under which civil liability occurs are analyzed. The reasons for the increased responsibility of business entities have been identified. The article also contains the judicial practice of the Plenum of the Supreme Court of the Russian Federation, which explains the circumstances of force majeure, indicating the extraordinary and unavoidable nature. The specifics of the fault of business entities are considered as a circumstance in which civil liability occurs. The article analyzes the special freedom of contract for entrepreneurs, namely, the ability of business entities to determine in the contract the conditions that they will be liable in the immediate presence of their fault. The conclusions present ways to solve the identified problems. |
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Key words:responsibility, entrepreneurial activity, irresistible force, guilt. |
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Shlom Alina Konstantinovna, Chernov Yuriy Ivanovich On the issue of accessibility of electronic services in Russia |
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| This article discusses the process of development of the digital economy in the Russian Federation, which has made a number of changes in public life. A thorough analysis of the advantages and disadvantages of introducing digitalization into the managerial sphere of activity is carried out. The steps taken by the state to ensure the availability of state and municipal services for all categories of the population are being explored. The provisions of various federal targeted programs aimed at introducing electronic technologies into the Russian management system are analyzed. It is noted that the creation of a single digital space has contributed to the saving of many resources, in particular financial and time, and, accordingly, the optimization of the management system. In conclusion, the authors highlight a number of problems associated with the introduction of digitalization in Russia, and suggest ways to solve them | |||||||||||
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Key words: Provision of electronic services, administrative reform, technologies, state function, electronic Russia, information society.. |
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Choven Dmitriy Nikolayevich Read the Article: Problems of evaluation of evidence in the arbitration process |
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| The article discusses the concepts and criteria for assessing evidence in the arbitration process. The analysis of the current legislation is carried out. It is concluded that the assessment of evidence is understood as an element of proof in the arbitration process, prior to the issuance of a judicial act. The issue of creating guidelines for the evaluation of evidence in the arbitration process, as well as fixing the concept of "evaluation of evidence"is being investigated. An analysis of the proposed solutions to this issue is carried out. The author proposes to consolidate the definition of the concept of "evaluation of evidence"in the Arbitration Procedure Code of the Russian Federation. It is noted that the creation and use of instructions and recommendations for assessing evidence can lead to violations of the principles of legal proceedings. The author also focuses on the need for further theoretical understanding of the issue of evaluating evidence |
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Key words: evaluation of evidence, arbitration process, proof, criteria for evaluating evidence. |
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Shabunko Yuliya Andreyevna The main provisions and significance of the reform of arbitration courts in the Russian Federation |
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| The article is devoted to the study of the arbitration reform that took place in 2015, as well as the reasons for the reform and the analysis of the consequences that this reform led to. The work includes a study of pre-reform legislation on arbitration, in particular its shortcomings. The provisions of the new legislation on arbitration courts are analyzed, its positive and negative sides are considered. In addition, the consequences of the adoption of the reform are examined. According to the author, additional legislative changes are required so that the specified reform on arbitration proceedings can completely eliminate the previously existing gaps and problems in the legislation on arbitration. The author also assesses the current situation of arbitration courts in the Russian Federation and gives some recommendations regarding the improvement of the law on arbitration. | |||||||||||
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Key words: arbitration court, reform of the arbitration court, advantages of the arbitration court, arbitration proceedings |
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Shishov Andrey Vladimirovich, Chernov Yuriy Ivanovich On the issue of improving the informatization of taxation of migrant workers
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| Digitalization makes significant changes in the process of distribution of state property, changes the structure of the market, which indicates the need for the introduction of electronic or digital tax residency. The article discusses the features of eresidency on the example of Estonia, where it was first introduced in 2014. It is noted that although e-residency does not provide for the replenishment of the budget through taxes, this innovation is favorable for digital organizations. The advantages and disadvantages of e-residency in Estonia are highlighted. According to the authors, it is necessary to provide in the provisions of Art. 207 of the Tax Code of the Russian Federation, the possibility of recognizing dual residency, since if the state legislation provides for the criterion of effective management and recognition of an organization at its location, then a digital organization can be recognized as a tax resident. |
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Key words: taxation, residency, digitalization, taxation, agreement |
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Shubina Polina Yevgenyevna The history of the development of marriage and family relations in Ancient Russia |
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| The history of marriage and family relations occupies a separate area in the study of the origins of family law, since it reflects the historical development and prerequisites for the formation of the system of family relations in Russia. This article discusses the importance of custom as a legal mechanism for marriage and its impact on family relations. The formation of personal and material legal relations, the improvement of the legal system of Ancient Russia during the period of paganism and Christianity, when the norms of Christian law replaced the primitive customs and the church was born as an institution of power with the function of regulating marriage and family relations on behalf of the state, are studied. The legal sources of Ancient Russia and their role in regulating marriage and family relations in society, as well as the procedure and conditions for dissolution of marriage, changes in customs after the adoption of Christianity, the place and role of women in the family are analyzed. | |||||||||||
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Key words: family, marriage, Ancient Rus, custom, traditions, church law, casuistic norm. |
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| Abstract |
Yakovets Evgeny Nikolaevich
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| The article discusses the essence and content of the operational search event "inspection of premises, buildings, structures, sites and vehicles including in cases where a court decision is required for its implementation. The definition of this event is given, the regulatory framework for the latter is determined, its objects, objects, subjects and other elements of the concept under consideration are indicated. The approaches to the assessment of some (unclassified) aspects of the organization and tactics of this event are analyzed. The procedure for using its results in criminal proceedings is being clarified. Particular attention is paid to the inadmissibility of violating the norms of the current legislation and the observance of privacy during the inspection of buildings, structures, terrain and vehicles. The peculiarities of carrying out the event under consideration by the subjects of operational investigative activities of various departmental affiliation are noted. |
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Key words: operational search activity; inspection of premises, buildings, structures, terrain and vehicles; housing; forms of customs control; operational inspection. |
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Yakovlev-Chernyshev Vasiliy Aleksandrovich On the question of transforming the concept of local self-government in the Russian Federation |
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| The article examines contemporary aspects of the transformation of the concept of local self-government in the Russian Federation. The most important changes in the concept of local self-government are discernible and trends established within the period from 1993 to the present are revealed based on the analysis of the constitutional and legal norms, federal legislation, decisions of the Constitutional Court of the Russian Federation and dissenting opinions of judges. It was concluded that the process of «embedding» local self-government in the general system of public authority by its governmentalization and further development of this process can bring a formal character for the municipal authority. The author proposed some measures aimed at changing the State’s policy towards municipal authority, including amending the Federal Law «On General Principles of Organization of Local Self-Government» and to enable local self-government to carry out local affairs on its own | |||||||||||
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Popandopulo Vasiliy Vasilyevich, Klipko Elena Petrovna Read the Article: |
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| High-quality operational-search support for the investigation of crimes, regardless of their type and severity, allows the investigation to be carried out in a timely manner and to establish the truth in a criminal case. In this regard, in the production and organization of the investigation of robberies and robberies, there is a need for close cooperation between the investigator and operational workers. This article analyzes the principles of interaction between the investigator and operatives in the investigation of robberies and robberies, and also identifies typical shortcomings in the organization and implementation of the interaction of these subjects of law enforcement. The classification of the principles of implementation of interaction in the investigation of crimes is given. The authors note that the slightest deviation from the principles of interaction in the investigation of a crime significantly reduces the quality of this investigation |
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Key words:robbery, investigator, operational investigative activities, interaction, organization of investigation |
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| Table of Contests | |||||||||||||||
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Pesotskaya Yelena Nikolayevna, Makarovа Yulia Аleksandrovna, Belovа Ludmila Аleksandrovna, Shamrova Elena Аleksandrovna Read the Article: |
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| Dialogue as the oldest method of cognition and as a traditional semiotic expression of culture contributes to the study of systems and methods of social communication. In this article, the speach and the dialogue are considered phenomenologically. As a special and specific form of cognitive process and mediation, which is relevant in modern times, its peculiarities, manifested when personality is included in diverse systems of sociocultural interaction, are considered. In the instrumental aspect, it is of practical value and is presented in the present work at the level of functional integrity. The method of dialogue refers to the corpus of ritual methods connect with the art of self-change of a man’s personality. The individual historical stages of development of this method, their characteristic features are analyzed in a comparative ratio. Each stage has its own specific features related to ontological issues, ethics, communication and the metaphysical world of a man. In modern times, dialogue fully reflects the peculiarities of the ontology of communication. These are the moments of "presence"and the principles of social perceptions of time-space in the context of a symbolic model of mediareality. The latter, in turn, changes the typology of the subject. The methods of the present research were analytical and dialectical, as well as comparative and descriptive approaches to cognition. | |||||||||||||||
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Key Words: dialogue, method of cognition, dialectic, instrumentality, ritual methods, dialogue art, reflection, culture, cultural dialogue, communications, mediareality, selfknowledge, metaphysical world of a personality |
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Pesotskaya Yelena Nikolayevna, Belovа Ludmila Аleksandrovna Dynamic principle in the cosmogony of J. B¨oehme: Christocentrism and aspects of tempоrality
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| This article provides an overview of the philosophical system of Jacob B¨oehme, which occupies a prominent place in German philosophy and European mysticism. Ideas about cognition as an opening enriched cognitive science. The dialectical anticipations and anthropolinguistic search for B¨oehme reflect ideas about human thinking as a whole, containing a quintesse of things. He presented the original conversion of natural philosophical categories to psychological and religious concepts. B¨oehme’s texts dialogue with the inner self-feeling of the cognizant, as a result of which all gains for philosophical knowledge stem from the spirit of the language. The philosophical approach integrates researches of the holistic lexical and semantical structure of the language expressing traditions. The combination in the works of B¨oehme of three philosophical directions: mysticism, pantheism and dialectics influenced the work of prominent European and Russian thinkers. As a result, in their systems, the terminology of natural science and philosophy, inscribed in cultural tradition, receives impetus for development. Religious, philosophical and natural philosophical speculations in the B¨oehme system penetrate into each other on the principle of complementarity, revealing to contemporaries an understanding of empirical temperality as a causal relationship of events. The original natural philosophical doctrine of coincidentia oppositorum by J. Bruno influenced the content of the doctrine of opposites in B¨oehme, reflecting the state of a man "in spirit"and his qualitative knowledge of nature |
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Key words: Jacob B¨oehme, mysticism, pantheism, natural philosophy, religion, cultural tradition, a man, spirit, language, dialectics, time, temporality, experience, anthropolinguistics, philosophical knowledge |
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Duma Darya Yevgenyevna, Rushkova Anna Aleksandrovna, Polinskaya Marina Valeryevna Assessment of the tax potential of the Krasnodar Territory and ways to increase it |
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| In order to develop key measures to improve fiscal policy, it is necessary to assess the tax potential of the Krasnodar Territory. In the work, based on tax statistics for 2018–2020. the analysis of tax revenues and fees to the consolidated budget, indicators of tax debt to the budget of the Russian Federation, additional tax charges as a result of tax control. Based on the analysis of the formation of tax revenues in the Krasnodar Territory, the tax potential of the region was calculated. This indicator reflects the total amount of taxable resources of the region and is important in planning the revenue side of the budget, especially gratuitous receipts. To obtain a reasonable indicator of the tax potential of the Krasnodar Territory, its value for 2018-2020. was calculated using the actual receipts method and based on the gross regional product. The article also reflects the main directions that increase the level of tax potential. | |||||||||||
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Savchenko Maksim Yevgenyevich, Chernov Yuriy Ivanovich Read the Article: |
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| The article discusses the main risks and threats to economic security in the information space. These include primarily political, financial, economic, legal, technological and informational threats. The paper also defines the concept of "information space". The concept of economic security is considered in accordance with the "Economic Security Strategy of the Russian Federation for the period up to 2030". Author’s proposals are formed to minimize these threats and risks, including the development and implementation of legal regulation; a thorough assessment of the economic potential of each of the new technologies introduced; selection and acquisition of software that contributes to information protection; organization of appropriate cooperation at the international level. |
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Key words:economic security, information space, risks, threats. |
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Shevchenko Ilya Olegovych, Chernov Yuriy Ivanovich Constraints in the development of electronic services
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| The development of state and municipal electronic services has become an integral part of modern life, which, with an increase in the volume of services provided, makes it possible to facilitate and systematize the process of interaction between the population and the state. The article discusses the current constraints in the development of electronic services that the executive authorities faced when introducing the possibility of providing services in electronic form. Statistical data are provided on the number of people registered on the most popular portal of public services in the Russian Federation, by years. Possible ways to overcome the constraining factors in the development of electronic services in Russia are given. In particular, it is proposed to work in the media to explain to the population the features of the provision of public services in electronic form, to systematize the work of software for the implementation of this type of service, etc. |
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Key words: electronic services, government, electronic interaction, development of electronic services, electronic services in Russia, problems in the development of electronic services. |
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Alkema Anastasiya Maksimovna |
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| This article discusses the issue of the actual admission of an employee to work without concluding an employment contract in writing and without formalizing these relations, as required by labor legislation. According to the author, a serious violation is the employer’s evasion from concluding an employment contract within three working days after the employee’s actual admission to work. It is this inaction of the employer that leads to the need to protect the labor rights of the employee by going to court. The judicial procedure for the restoration of the rights of an employee and the recognition of the existing labor relations is the most effective today. The paper also draws attention to the application by the courts when considering this category of cases of international acts, incl. recommendations of the International Labor Organization, judicial practice is analyzed. | |||||||||||
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Key words: employment contract, actual admission to work, employee, employer, registration of labor relations, term. |
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Andreyev Artem Alekseyevich Read the Article: Essence of the concept of informatization in civil proceedings |
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| This article is devoted to the problems of informatization of civil proceedings. In the course of the study, the definition of the concept of informatization is given, the concepts of “informatization of the activities of courts” and “electronic justice” are distinguished in the context of their application in the judicial system. An analysis of Russian and foreign experience in the use of modern technologies in the judicial system is carried out. According to the author, the informatization of civil proceedings contributes to the expansion of the range of possibilities of the entire judicial system. However, it is necessary to introduce these technologies in all courts everywhere, so that it is accessible to the entire population. It is also extremely important to increase the number of possible options in the GAS Justice system or on the public services portal and provide the ability to create a personal account for individuals. |
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Key words:civil procedure, civil proceedings, informatization of court proceedings, informatization. |
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Andreyeva Mariya Aleksandrovna, Yushko Alexander Viktorovich |
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| This scientific work examines the problem of the implementation of the right of citizens to apply to public authorities as one of the most important ways to influence the activities of these public authorities. The author studies in detail the structural component, essence, as well as the legal nature of this legal institution. The paper considers various kinds of services that can be provided by public authorities. Opinions of jurists concerning the functioning of this institution are given. Three of its most important functions are distinguished: informational, communicative and human rights. It is noted that there is a problem associated with the fact that citizens often refuse to use the right to apply to public authorities. In conclusion, the author’s proposals are formed, aimed at improving the effectiveness of the institution of citizens’ appeals to public authorities in order to influence their activities | |||||||||||
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Key words: Public authority, citizens’ appeal, competence, public authority, direct democracy. |
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Anisich Vlad Andreyevich, Seropol Diana Igorevna Read the Article: Conciliation procedures in the arbitration process: features and problems of application |
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| The article deals with conciliation procedures in the arbitration process. The features of mediation, judicial conciliation as types of conciliation procedures are studied. The provisions of the Arbitration Procedure Code of the Russian Federation are analyzed. A comparative analysis of mediation and judicial conciliation is carried out, the advantages and disadvantages of each conciliation procedure are identified. Examples from judicial practice are given. According to the author, conciliation procedures are the most important element of the modern arbitration process, which guarantees the possibility of implementing the tasks of legal proceedings. Thanks to conciliation procedures, the court is less burdened, the plaintiff and the defendant come to a mutually beneficial compromise, which will be expressed in a settlement agreement. |
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Key words: mediation, judicial reconciliation, arbitration process, conciliation procedures, agro-industrial complex of the Russian Federation. |
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Bagirova Elmira Rafikovna Comparative characteristics of conciliation procedures in administrative and arbitration proceedings |
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| Recently, the trend that provides for the use of alternative dispute resolution procedures has become more and more obvious. The use of reconciliation is necessary not only during the trial of the case, but also at the preparatory stages. The procedural legislation of the Russian Federation refers to the duties of the court to achieve reconciliation of the parties, as well as to provide assistance to the parties. This allows us to strengthen the relations between the participants in the process. The list of conciliation procedures was expanded in 2019. Currently, conciliation procedures are procedural actions aimed at achieving mutual consent of the parties who are parties to the dispute. Reconciliation procedures are based on the principle of voluntariness, which provides that reconciliation cannot be achieved without the parties reaching an agreement. | |||||||||||
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Key words: reconciliation, agreement, conciliation procedures, mediators, judicial conciliators |
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Bayeva Polina Vladimirovna, Vlezko Dmitriy Aleksandrovich Criminological and criminalistics study of the victim of criminal activity
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| This article analyzes the criminological and criminalistic characteristics of the personality of the victim of various criminal assaults. The relevance of this scientific work lies in the fact that modern society, along with ensuring the continuous fight against crime, needs to solve various problems in the realization of the rights and legitimate interests of persons affected by criminal encroachment. In addition, the study of the victim’s identity allows you to formulate and build versions of the crime, receive information about the illegal act committed, and understand the causes of criminal behavior in more depth and detail. The purpose of this work is to substantiate the importance of the role and significance of the victim in criminal encroachment, the behavior of the person committing the crime, the causes of criminal behavior, as well as in the disclosure and investigation of crimes. The paper provides an analysis of the various opinions of the scientists on the subject under consideration, identifies the tasks of criminological and criminalistic research of the victim of a crime, defines the directions of practical use of these data |
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Key words: victim, crime, criminological characteristics, criminological characteristics. |
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Bezuglaya Yekaterina Dmitriyevna |
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| The article considers the role of guardianship and guardianship authorities in terms of observing the rights and legitimate interests of minors on the example of the Office for Family and Childhood of the Krasnodar Territory — the body that deals with the protection of personal and property rights of minors, legal, social and psychological advice. The functions and powers of this authority in accordance with the Federal Law "On guardianship and guardianship"are considered in detail. The forms and methods of protecting the rights and legitimate interests of minors are given, as well as cases when an extreme measure is used — deprivation of parental rights due to the impossibility of further correction of parents. The article presents the types of preventive work of the Office for Family and Childhood: counseling conversations, recommendations, warnings, psychological assistance. The conclusion is drawn about the need to improve the current regional legislation on the protection of the rights of minors | |||||||||||
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Key words: guardianship, curatorship, minors. |
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Bespalova Mariya Aleksandrovna, Lopatko Arina Dmitriyevna, Yushko Aleksandr Viktorovich Read the Article: Federal ministries of Russia: issues of legal support, organization and activities |
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| The management system represented by the ministries has been effectively functioning and developing in Russia for over 200 years. The task of the ministries is to solve state problems in various spheres of public life: economy, social sphere, culture. The ministries form the basis of the government, they are mobile structures capable of quickly solving current state tasks. Ministries appeared in the Russian Empire, survived its fall, were structural elements of the Soviet system of power, and continue to exist today. The article examines the legal status of ministries in modern conditions, taking into account the constitutional reform and ongoing administrative reform. The principles on the basis of which the activities of federal ministries are carried out are indicated. |
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Key words: governance, public administration, federal ministries, constitutional reform, administrative reform. |
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| Abstract |
Vasilkovich Sofiya Vyacheslavovna, Nagucheva Alina Zaurovna
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| The article discusses the measures that the state has taken to support the activities of budgetary and autonomous institutions in a difficult epidemiological situation caused by the spread of COVID-19. The features of regulating the financing of the activities of budgetary and autonomous institutions by the norms of budgetary law in the context of the spread of coronavirus infection are studied. The changes made to the Budget Code of the Russian Federation, as well as some other federal laws and by-laws affecting the subject of research are analyzed. An assessment is given of the peculiarities of budget execution that have arisen, as well as the new rules for granting grants and subsidies for budgetary and autonomous institutions, the founders of which are public legal entities. The conclusion is made about the incentive nature of the measures taken to optimize the activities of the legal entities under consideration in the context of epidemiological restrictions. |
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Key words: Budget Code of the Russian Federation, budgetary and autonomous institutions, subsidy, peculiarities of budget execution. |
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Vinichenko Alina Sergeyevna, Kudryavtseva Larisa Vladimirovna State-like entities and their legal personality in the modern world |
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| This article is devoted to the problems of ambiguity of the legal nature and the absence of a specific established form of external expression of the international legal personality of modern state-like formations. This is due to the lack of a generally recognized legal definition of state-like formations in the interstate community and clear criteria for differentiating such formations with other subjects of international law. It also lists examples of state-like formations known in world history and reveals the legal status of state-like formations that exist in the modern world. The paper presents a characteristic of the essence and legal status of the Vatican as a state-like entity and its significance for the Holy See. The article considers the legal personality of the Order of Malta as a specific subject of international law and touches upon the problem of determining its status in the arena of interstate relations. | |||||||||||
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Key words: subject of international law, state-like entity, legal personality of state-like entities, Vatican as a state-like entity, Order of Malta. |
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Derevyanko Natalya Aleksandrovna Read the Article: |
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| The article discusses the features of the legal status of an individual entrepreneur in the Russian Federation. Under the individual entrepreneur, the legislator means a citizen who has the right to engage in entrepreneurial activities without forming a legal entity. An individual entrepreneur is an equal subject of business legal relations, although he is an individual. The author considers such aspects of the analyzed subject as registration of an individual entrepreneur, termination of his status, types of such termination. To date, the legal status of an individual entrepreneur is associated with a number of legal problems. It is noted that, according to many experts, the legislator should reflect in the law a clear age from which entrepreneurial activity is possible |
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Key words:: individual entrepreneur, entrepreneurial activity, legal status, legal entity, state registration, legal capacity, emancipation, bankruptcy. |
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Chiriev Ilya Sergeyevich, Zhukova Polina Stanislavovna |
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| The article deals with the institution of contractual obligations in domestic family law. The most characteristic features of contractual obligations arising between spouses are indicated. Modern family legislation and scientific literature are analyzed. In the conclusion of this study, conclusions and proposals are formulated aimed at improving domestic family law. There is a need to modernize family legislation by securing new mechanisms that help strengthen the family, marital relations and the institution of marriage as a whole. According to the authors, there is an urgent need to popularize the conclusion of prenuptial agreements due to their effectiveness and usefulness. The main means of promoting the use of prenuptial agreements can be the media and various non-profit organizations | |||||||||||
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Key words: family relationship, obligation, marriage contract, property. |
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Kaminskaya Yelizaveta Aleksandrovna Read the Article: |
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| The article discusses the importance of tax, tax liability, their legal consolidation. The content of the voluntary implementation of the tax obligation, the system for the implementation of the tax obligation on a voluntary basis are investigated. The specific features of the implementation of the tax obligation by taxpayers as organizations, as well as taxpayers as individuals, the difference between them are considered. It is noted that the obligation to pay taxes arises when there is a close legal connection between the subject and the object of taxation at the end of a specific period, incl. upon the occurrence of a certain calendar date or event. According to the author, it is necessary to improve tax monitoring, increase the amount of a fine for non-payment of taxes, eliminate gaps in tax legislation that can cause tax evasion, create prerequisites for the voluntary implementation of tax obligations, and improve tax education of tax payers. It is important to apply a set of measures such as tax assistance and improved tax control. |
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Key words: tax, tax relations, taxpayer, state, tax agent. |
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Kozlova Victoriya Konstantinovna |
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| The article is devoted to the problems of the legal status of minor parents in the Russian Federation, concerning the scope of their rights and obligations in different age groups. Based on a comparison of the provisions of civil and family law, difficulties were identified in the ratio of civil and parental capacity of minor parents. The existing legal conflict regarding the end of guardianship appointed under paragraph 2 of Art. 62 of the Family Code of the Russian Federation. It is noted that the legislative restriction of the parental capacity of some groups of minor parents must be taken into account when analyzing the scope of their duties. In conclusion, the author comes to the conclusion that the current legislation regulating the legal status of minor parents has gaps in legal regulation that require urgent intervention by the legislator. | |||||||||||
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Key words: underage parents, rights and obligations of underage parents, parental legal capacity, family law, guardianship |
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Konovalov Aleksandr Andreyevich, Shagovik Ilya Yuryevich
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| This article discusses the role of public environmental control in ensuring the effective protection of the constitutional right of citizens to a favorable environment and reliable information about its condition. The relationship of the constitutional right to a favorable environment with other basic human and civil rights is analyzed. The process of activity of public environmental control, its influence on the development and strengthening of civil society in modern Russian realities is considered. Various federal laws regulating the process of participation of citizens and public associations in the course of public environmental control are being investigated. Existing problems in the legislation regulating the process of public environmental control are being studied. At the end of the article, the authors propose measures to improve the efficiency of ongoing public environmental control, based on the refinement of existing federal legislation. |
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Key words: public environmental control, civil society, subject, system and process of public environmental control, specialized legislation, citizens, constitutional right to a favorable environment. |
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Kaushan Valeriya Yevgenyevna Proving the invalidity of transactions in case of bankruptcy of developers |
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| The article examines the novelties of the legislation on insolvency (bankruptcy), which regulates the procedure for satisfying the requirements of citizens - construction participants in case of bankruptcy of developers. The mode of repayment of claims of construction participants for monetary obligations and obligations of a property nature (on the transfer of residential premises) is analyzed. Proposals are made to improve the current legislation on the insolvency (bankruptcy) of developers. The features of satisfaction of the requirements of participants in shared construction within the framework of the insolvency (bankruptcy) procedure of developers are considered. The legislative norms regulating the bankruptcy of developers are being investigated. A number of benefits provided to equity holders that are not available to other creditors are indicated. The role of the arbitration court in the implementation of the trial, which raises the issue of declaring the transaction invalid, as well as the role of each participant in the legal proceedings when declaring transactions invalid as part of the developer’s bankruptcy, is analyzed. The role of the public law company "Foundation for the Protection of the Rights of Citizens - Participants of Shared Construction"in the procedure for invalidating certain transactions is considered | |||||||||||
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Lisogorov Bogdan Aleksandrovich Read the Article: |
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| The article is devoted to the protection of the business reputation of a legal entity. The relevance of the chosen topic lies in the fact that every year the number of cases in this category, both in the courts of general jurisdiction and in arbitration courts, is steadily growing, while there are a number of problematic issues that need more detailed regulation. The paper examines the provisions of the current legislation, as well as materials of judicial practice. The analysis of the concept of business reputation under the current Russian legislation is carried out, and also the procedural features associated with its protection in courts are considered. Based on the results of the study, the author makes suggestions regarding the identified problems. In particular, it is pointed out that the Supreme Court of the Russian Federation needs to interpret certain provisions related to business reputation, due to the ambiguous approach of lower courts.. |
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Key words: civil law, arbitration process, civil procedure, business reputation, legal entity. |
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Lisogorov Bogdan Aleksandrovich Read the Article: Features of proving negative facts in the arbitration process |
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| The article discusses the features of proving negative facts in the arbitration process. The relevance of the chosen topic lies in the fact that, despite the legislative consolidation of this term, both among scientists and within the framework of law enforcement practice, there are different views on the negative facts in the arbitration process, which proves the need for its additional study. The paper examines the main theoretical developments, the provisions of the current legislation, as well as materials of judicial practice. Based on the results of the study, the author comes to the following conclusion: the general rule that whoever refers to this or that fact in the arbitration process, he proves it, should have some exceptions in relation to negative facts. | |||||||||||
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Key Words:civil law, arbitration, negative facts, proof, proof of facts. |
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Litvinenko Diana Igorevna Trafficking in human beings: criminal law profile and qualification issues
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| The paper considers the criminal-legal characteristics of such a crime as human trafficking. The qualification signs of this socially dangerous act, as well as their practical significance and influence on the sentencing of the person who committed this crime, are investigated. The opinions of prominent jurists in this field are given. The article also analyzes the modern legal doctrine and the provisions of the current criminal law. It is noted that human trafficking encroaches immediately on a whole range of rights and legitimate interests of the individual. According to the author, the legislator should amend Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation and qualify such a type of crime as human trafficking for the purpose of their further sexual coercion. |
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Key words: Crime, slavery, violent action, sale and purchase of a person, violation of rights. |
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Luchilina Angelina Romanovna, Yushko Aleksandr Viktorovich On the issue of administrative liability of illegal migrants |
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| The phenomenon of illegal migration currently contains many problematic aspects that have a negative impact on all spheres of public life and activities of the state and are the subject of scientific discussion. The article reveals the main issues related to the establishment of administrative responsibility in case of offenses in the field of illegal migration. Also, the signs and features of the procedure for establishing the presented legal liability are subjected to a detailed analysis. Particular attention is paid to migration control and the study of modern legislation in this area. As a solution to the problems identified in the work, it was proposed to amend the current legislation by expanding the object of protection of public relations, which is enshrined in Ch. 18 of the Code of the Russian Federation on Administrative Offenses. | |||||||||||
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Key words: administrative liability, offence, illegal migration, punishment, foreign citizen, stateless person |
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| Abstract |
Meshvez Aydamir Aslanovich Read the Article: |
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| The institution of challenge in civil proceedings contributes to ensuring an objective and impartial consideration of cases in courts of general jurisdiction. The elimination of an unbiased judge from the process ensures the protection of the interests of the participants in the civil process, since the participation of such a judge in resolving the case on the merits can contribute to the adoption of unlawful decisions, and also acts as a guarantee of the legality and independence of the court in resolving cases on the merits. The institution of challenge is intersectoral, and its provisions are expressed not only in the Civil Procedure Code of the Russian Federation and other procedural codes, but also in various federal laws. At present, due to the presence of certain theoretical and practical problems, the institution of withdrawal is not able to ensure the fulfillment of the tasks assigned to it. The purpose of this study is to study the problems of a theoretical and practical nature related to the implementation of the institute of recusal of a judge in civil proceedings. The methodological basis of the study is represented by specifically legal methods, including historical, formal-logical methods and the method of interpreting lawn |
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Key words:recusal of a judge, institution of recusal, recusal, civil procedural law, civil process |
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Mirzoyan Anahit Andranikovna On the use of digital technologies in arbitration proceedings |
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| The article discusses the process of digitalization of arbitration proceedings in the Russian Federation. Gaps in the legal regulation of informatization of court proceedings are revealed. The provisions of the Concept of Information Policy of the Judicial System for 2020–2030 are being studied. The positions of the arbitration courts of the districts of the Russian Federation on the issue of online meetings in arbitration proceedings are analyzed. The advantages of holding online meetings are considered, including ensuring the safety of the health of all participants in the process, the possibility of participating in the process remotely, reducing time and legal costs. The author notes that the principle of publicity, as well as the principle of accessibility of justice in the context of informatization, is violated, since the possibility of filing a petition on paper is excluded. In conclusion, the prospects for the introduction of digital technologies in the judicial system are outlined. | |||||||||||
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Key words: online meetings, digital technologies, informatization, arbitration proceedings, information policy. |
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Kazaryan Ani Ashotovna, Mustafin Rafael Failyevich, Mustafina Svetlana Anatolyevna Read the Article: |
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| This scientific article discusses the features of the legal regulation of cryptocurrency in the international legal arena, as well as on the territory of the Russian Federation. The advantages and disadvantages of digital currency are analyzed. The opinions of scientists regarding the legal status of cryptocurrency are given. The provisions of the Civil Code of the Russian Federation and the Family Code of the Russian Federation are analyzed. The features of the legal fate of cryptocurrency in the event of divorce are investigated. Examples from judicial practice are considered. It is noted that in international practice there are three main approaches to cryptocurrency, according to which it is perceived as a digital currency, a virtual product or a digital sign. According to the authors, for stable and uniform regulation of the legal status of cryptocurrencies, the development of a single international legal act based on the UN is required, which will consolidate the uniform legal status of cryptocurrencies for all states. |
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Key words: cryptocurrency, bitcoin, digital currency, digital law, international law |
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Nagimulina Kamila Andreyevna Legal status of participants in the real estate market in Russia |
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| In this article, the author examines various issues, the ratio of the presumption of good faith of participants in civil relations and the civil law principle of good faith. One of the basic categories of civil law is "good faith which was already known to Roman law, it is used to determine the order of interaction between two or more subjects. In relation to the branches associated with private law, good faith has been studied in sufficient detail, however, in public law, the concept of “good faith” was practically not chosen as a subject of research. The article analyzes the scope of the presumption in question. In the context of the question of validity of the presumption of good faith, attention is also drawn to the presumption of good faith of taxpayers; the thesis is put forward about the existence of a connection between the presumption of good faith of participants in civil legal relations and participants in public legal relations, on the basis of which the need to consider the presumption of good faith from the standpoint of intersectoral principles is noted. | |||||||||||
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Key words: principle, presumption, good faith, public relations, civil relations. |
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Pavlogradskiy Ilya Vladimirovich, Chernov Yuriy Ivanovich The issue of improving VAT rates
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| Value added tax is a budget-forming tax for the Russian Federation. The article deals with the main problems of value added tax in Russia, associated with a negative impact on the country’s economy. The volume of GDP and its growth rates are studied in retrospect. The French tax system is analyzed, where value added tax also makes up the largest share of all public funds. Based on the analysis, the author gives recommendations for improving the Russian rates of value added tax, with particular emphasis on expanding tax benefits. According to the author, the implementation of measures to introduce various benefits and reduced rates will help ensure social justice, less unjustified price increases and inflation, and the emergence of new enterprises. |
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Key words: VAT, tax system, rate, rate improvement. |
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Pariy-Sergeyenko Yevgeniya Pavlovna Problems of legal regulation of the institution of guardianship and guardianship |
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| his article examines topical problems of legal regulation of the institution of guardianship and trusteeship. The author focuses particular attention on the distinction between the concepts of "guardianship"and "guardianship". There are also identified problems in the practice of law enforcement in the category of cases related to guardianship and guardianship. Guardianship and trusteeship is a complex intersectoral institution of law, which is regulated by the norms of civil, family and administrative law, which in turn ensures the protection of the legitimate interests and rights of minors. The ways of solving the identified problems are outlined as conclusions. In particular, it is proposed to amend Part 2 of Art. 62 of the Family Code of the Russian Federation, replacing the text of the article with "Until minor parents reach the age of eighteen and in other cases when they acquire civil legal capacity in full before reaching adulthood, their child is assigned a guardian." | |||||||||||
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Key words: guardianship, guardianship, legal regulation, minor, incapacitated |
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Peftiyev Denis Denisovich Read the Article: |
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| The article is devoted to the features of the subject of proof in cases of protecting the business reputation of a legal entity. The relevance of the chosen topic is due to the difficulties that take place in the courts in the protection of business reputation. At the same time, special attention is paid to the subject of proof, because to. it needs, according to the author, more detailed legal regulation. The paper examines the provisions of the current legislation, as well as considers the materials of judicial practice. Based on the results of the study, it is concluded that in order to satisfy the requirements within the framework of this category of cases, three main conditions in aggregate are subject to proof. The presence of these conditions requires the court to clarify the circumstances in each specific case, which emphasizes the complexity of cases for the protection of business reputation |
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Key words: subject of proof, civil law, arbitration process, civil procedure, business reputation, legal entity |
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Peftiev Denis Denisovich Read the Article: Court order in civil and administrative proceedings |
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| The article is devoted to the issue of comparing writ proceedings in civil and administrative proceedings. The relevance of the chosen topic lies in the fact that, despite the common meaning of the term court order, there is a different approach to its regulation in various types of legal proceedings. During the research, the author considers the opinions of scientists, the provisions of the current legislation. Based on the results of the study, the author comes to the conclusion that the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation name different and only partially coinciding grounds for writ proceedings. The greatest number of grounds contains the Civil Procedure Code of the Russian Federation. The Code of Administrative Procedure of the Russian Federation refers to the sphere of writ proceedings cases on the collection of mandatory payments and sanctions. | |||||||||||
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Key Words:civil process, arbitration process, court order, order proceedings. |
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Popova Angelina Vladislavovna, Vlezko Dmitriy Aleksandrovich Actual problems of countering organized crime
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| Within the framework of the conducted research, the author considers various points of view on the concept of organized crime. The analysis of criminogenic causes and factors underlying the formation of such a phenomenon as organized crime in society is carried out. The article presents statistical data that allow us to draw conclusions about the effectiveness of existing mechanisms in the modern legal field aimed at eliminating and preventing the growth of organized crime. A comparative characteristic of the concepts of "organized crime"and "terrorism"is carried out. In the course of the study, the author classified and disclosed ways to counter organized crime, described in detail the general social measures to prevent the spread of organized crime. At the end of the research, the author considers the necessity and expediency of adopting a single regulatory legal act that combines norms aimed at countering organized crime. |
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Key words: organized crime, prerequisites, preventive measures, criminalistic characteristics, terrorist activity. |
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Rudenko Yevgeniya Yuryevna |
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| The project approach has already been appreciated and is used by the world’s leading organizations. The widespread use of project activities in recent years is due to the fact that this approach allows the most efficient use of the resources available and achieve the goals in the required time frame. In turn, professional project management allows you to most effectively distribute responsibilities between project participants, save time and money, increase the effectiveness of project activities, which would allow you to quickly and successfully solve the tasks assigned to them. This article discusses the role and importance of project activities in the organization, its relationship with the legal sphere of the organization. The aims and tasks that arise before the participants of legal projects are investigated. | |||||||||||
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Key words: legal services, project, legal project. |
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| Abstract |
Rudenko Yevgeniya Yuryevna Read the Article: |
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| The activities of organizations and individual entrepreneurs must comply with the legal requirements established by the current legislation of the Russian Federation. Violation of the rules and regulations may result in the imposition of fines and other sanctions on the economic entity - the amount of the penalty may reach hundreds of thousands and even millions of rubles or may lead the organization to forced liquidation and other negative consequences. To minimize the likelihood of such consequences, it is necessary to periodically conduct a legal analysis of all processes occurring within the organization, and the regulatory documents created as a result of this, both by the organization itself and with the help of third-party specialists. For these purposes, a legal audit is used. In this article, the author considers the main methods used in the conduct of legal audit. |
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Key words:legal services, legal audit, entrepreneurial activity, audit methods. |
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Smirnov Nikita Valeryevich |
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| The article discusses the regulation of the use of videoconferencing systems. It is noted that the use of videoconferencing systems should not interfere with the observance of the rights and legitimate interests of the persons participating in the case. The rules allowing the use of a videoconferencing system were introduced into the Arbitration Procedure Code of the Russian Federation in 2010. According to the provisions of Art. 153.1 of the Arbitration Procedure Code of the Russian Federation, the persons participating in the case and other participants have the right to use videoconferencing to participate in legal proceedings. In science, a number of scientists question the possibility of implementing all the principles of the arbitration process when considering a case using videoconferencing. For example, one cannot talk about the full implementation of the principles of immediacy and competitiveness due to the actual absence of persons at the time of the trial. According to the author, the use of video conferencing has both advantages and disadvantages. | |||||||||||
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Key words: arbitration process, video conferencing, information technology in the arbitration process. |
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Sokolova Darya Olegovna, Krutova Yana Aleksandrovna Read the Article: Problems of legal regulation of the Institute of public credit |
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| The article deals with the institution of state credit, namely the problems of its legal regulation. It is pointed out that there is no legislative consolidation of the basic aspects of the institution, in connection with which difficulties arise in the process of its application. The paper highlights various approaches to defining the concept of public credit. The question is raised about the place of state credit in the system of financial law. It is noted that the problem of determining the legal nature of an institution is related to the fact that the legal regulation of state credit is carried out by the norms of both private and public law. The positions of scientists concerning these issues are given, their approaches to solving the problems under consideration are analyzed. In the conclusion, the author formulates recommendations for improving legislation in the field of public lending. |
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Key words: state loan, legal regulation, problems, state, lender, borrower. |
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Shubina Polina Evgenievna |
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| Any type of management without control over socio-economic processes and people’s activities becomes ineffective. Financial control is universal, covers all areas of activity and plays an important role in the economic system of the Russian Federation, because a properly functioning system of financial control is an integral part of social development. The effectiveness of financial control depends primarily on the observance by the subjects of this activity of the legal norms that are established by law. This article outlines the problems of organizing financial control in the Russian Federation. The definition of the concept of state financial control is given. Particular attention is paid to the absence of a separate federal law on the implementation of financial control. The ways of improving the system of financial control are proposed. | |||||||||||
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Key words: financial control, finance, budget, control bodies, budget legislation. |
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Frolkin Nikolay Pavlovich , Yakovets Evgeny Nikolaevich
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| The article discusses the essence and content of operational investigative measures "removing information from technical communication channels"and "obtaining computer information requiring a court decision. Definitions of these events are given, the regulatory framework for their implementation is determined, and objects, objects, subjects and other elements of the concepts under consideration are also named. The approaches to the assessment of some (unclassified) aspects of the organization and tactics of these events are analyzed. The procedure for using their results in criminal proceedings is being clarified. The removal of information from technical communication channels is differentiated in relation to the use of audiovisual, electronic and other technical means of supervision and control in correctional institutions of the Federal Penitentiary Service of Russia to prevent escapes and other crimes, as well as violations of the established procedure for serving sentences by convicts. The procedural actions are considered, which should also be distinguished from the specified operational investigative measures. Special attention is paid to the inadmissibility of violating the norms of current legislation and observing the secrecy of communication when removing information from technical communication channels and receiving computer information |
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Key words: operational-investigative activity, operational-technical measures, court decision; removal of information from technical communication channels, acquisition of computer information, communication operators, communication channels, information carriers |
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Yalovaya Alina Sergeyevna, Chernov Yuriy Ivanovich Transport tax in the Russian Federation: the main problems and ways to solve them |
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| The transformation of economic relations contributes to the strengthening of the role of regional taxes, including the transport tax, which, in turn, has become not only the main source of revenue for the state budget, but also a participant in the regulation of economic processes, the formation of the material basis of the sovereignty of the subjects of the Russian Federation. This article discusses the issues reflecting the essence of the transport tax. The characteristics of its main elements are given: objects of taxation, tax base, tax rate, tax payment procedure, tax period, payment period. The procedure and specifics of granting tax benefits to individuals and legal entities are specified. The main problems in the field of transport taxation are considered. The result of the study is the identified ways to solve the above problems at the level of regional tax policy. The conclusion is formulated, which shows the relationship between the tax legislation of the federal and regional levels. | |||||||||||
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Key words: : transport tax, tax incentives, tax rate, objects of taxation, vehicles. |
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Kiseleva Valeriya Borisovna, Smirnykh Svetlana Nikolayevna Read the Article: Development of cost management tools in power grid companies |
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| The relevance of a comprehensive study of enterprise costs increases in the context of a high rate of technological change, globalization of markets, a variety of socio-economic crises and increased competition. Electric grid companies have some peculiarities associated with both the institutional environment of their functioning and the specifics of their technological processes. Consequently, the methodical toolkit for managing costs in power grid companies needs to be improved. The aim of the study is to develop recommendations for the development of methodical tools for cost management in power grid companies. Based on the study of theoretical and methodical aspects of cost management, we proposed a five-stage cost management scheme in an electric grid company and tested it on the example of Joint-stock company "Ekaterinburg Electric Grid Company"(JSC "EESK"). Methodical cost management tools are developed for each stage and take into account the specifics of the operation of power grid companies. The results of the study confirmed the practical feasibility and efficiency of using the proposed methodical tools for cost management in power grid companies. | |||||||||||||||
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Key Words: cost management, power grid company, methodical tools for cost management. |
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Kiyanova Mariya Yevgenyevna, Chernenko Olga Borisovna Introduction of "smart cities"in the Rostov region: problems and prospects
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| In today’s world, with a significant degree of urbanization, there is an increasing interest in the problems of smart and sustainable urban planning, which is at the heart of the development and implementation of the “smart city” concept. Improving economic opportunities, the degree of budgetary provision, lowering the environmental burden, capitalizing human resources through the introduction of digital technologies in social development are at the heart of modern interpretations and approaches to the concept of a “smart city”. This article analyzes the definition of "smart city"as one of the main directions of further socio-economic development of the country, which can lead to the organization of a qualitatively new standard of living of citizens while improving approaches to management. The main problems of digitalization of the urban economy and the prospects for its development in the Rostov region are identified. |
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Key words: "smart city digital transformation, region, Rostov region. |
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Mineyeva Natalya Nikolayevna |
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| The subject of the research is the processes of digitalization of the agri-food system (APS) in Russia. The purpose of the study is to assess the possibility of digital transformation of agriculture as the main link of the APS. The relevance of the study is due to the objective need to include the APS of Russia in the processes of digitalization of the country’s economy. The digitalization of agriculture is necessary to increase the efficiency and sustainability of its functioning through cardinal changes in the quality of production and management at all stages and levels. The main task of digitalization is to reduce the cost of manufacturing products, improve their quality and competitiveness based on the efficient use of resources and scientifically based approaches. The digitalization stage is a natural continuation of the stages of industrialization, mechanization and automation of the economy and immediately follows them. Currently, the Ministry of Agriculture of the Russian Federation is considering only two main areas of digitalization, which either have a sufficiently prepared technical base, or an urgent need. As a conclusion, the substantiation of the impossibility of complete digitalization in the main sectors of agriculture is provided | |||||||||||
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Key words: marketing-mix, 4P, pandemic, price, product, promotion, place |
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| Abstract |
Sindeyev Andrey Yuryevich, Cherkashina Tatyana Alekseyevna Read the Article: |
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| The paper presents an analysis of the post-image situation in the real sector of the economy, government measures aimed at supporting small and medium-sized businesses, maintaining jobs, employment of the able-bodied population. The necessity in this context of assessing the contractual rights of enterprises and firms as a strategic management tool has been substantiated. Substantiated the assessment and registration of contractual rights as part of intangible assets in order to accrue depreciation and reduce the tax base; increasing the cost of contractual rights as an additional source of growth in the company’s profitability; maintaining stable contractual relations as a guarantee and business success in the future. Various research methods were used: abstract-logical, historical, statistical, inductive, deductive, as well as analysis and synthesis, a systematic approach, observation, allowing to ensure sufficient reliability and reliability of conclusions. |
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Key words: intangible assets, intellectual property, contractual rights, valuation, value, COVID-19. |
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Sirotin Dmitriy Vladimirovich Read the Article: Development of the intellectual capital of Russian semiconductor industry |
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| The paper presents the development trends of world and domestic microelectronics. The structure of semiconductor electronics industries and the dynamics of their development in Russia are reflected. The hypothesis about the possibility of considering the indicators of patent activity of organizations in the field of registration of topologies of integrated electronic circuits as an indicator of the development of the intellectual capital of the semiconductor industry is tested. The distribution of world production of microcircuits according to design standards is given. The dynamics of the patent activity of domestic organizations in order to register the topologies of integrated circuits is estimated. The structure of the base of the topologies of integrated circuits registered in the Russian Federation in 2020 by the technological level is revealed, the main spheres of their application are highlighted and the possibilities of development on the basis of the country’s internal resources without attracting imports are assessed. The systemic role of the state in the development of the intellectual capital of the semiconductor industry of the Russian Federation is noted. In the absence of factories in the country for the production of microcircuits with low technological standards, there is a low activity of organizations in the development of integrated microcircuits for the most demanding (in terms of performance and size of microcircuits) applications. The conclusion is made about the moderate rates of development of the intellectual capital of the Russian semiconductor industry | |||||||||||
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Key Words:microelectronics, semiconductor electronics, patent analysis, intellectual capital, high-tech production, integrated electronic circuits, production localization. |
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Ashyraliyeva Bayan Sovetbekovna, Ischanova Gulnar Tulemisovna Religious extremism: concept, essence and signs
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| The article analyzes the concept of "religious extremism examines its essence and features. It is noted that the term "religious extremism"does not have a generally recognized single interpretation both at the doctrinal and legislative levels. The article analyzes the provisions of the Constitution of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan and international legislation (the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, etc.), as well as religious treatises (in particular, Ayats of the Koran). Various points of view of scientists, lawyers, politicians and other persons concerning the types and purposes of extremism, the correlation of the concepts of “extremism” and “religious extremism” are presented. The author’s definition of the concept of "religious extremism"is formulated, its characteristic features are highlighted. |
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Key words: religion, extremism, concept, signs, essence. |
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Ivanova Yevgeniya Vladimirovna |
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| This article was written based on the results of studying the judicial practice of applying Art. 119 of the Criminal Code of the Russian Federation by various Russian courts for 2019. The data obtained in the framework of the work of the Center for the Study of Problems of Domestic Violence at St. Petersburg State University are used. The paper analyzes the personality traits of persons who have committed a crime under Art. 119 of the Criminal Code of the Russian Federation, in the family and everyday life, as well as the personality traits of the victims of this crime. The analysis of the gender identity of the perpetrators and victims is carried out, the question of the presence or absence of convictions of persons who have committed crimes, of their being in a state of alcoholic intoxication when committing a threat of murder is investigated. The work examines in the context of the crime under study the kinship of the perpetrators and victims, their interpersonal relationships, the motives of the perpetrators | |||||||||||
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Key words: threat of murder, domestic violence, family violence, victimization, the identity of the perpetrator. |
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Konovalova Mariya Anatolyevna Read the Article: |
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| This article examines the criminal law and criminological aspects of crime in the distribution, production and forgery of medical documents related to the new coronavirus infection. The author analyzes the position of the Plenum of the Supreme Court of the Russian Federation, as well as judicial practice on the application of this norm (Article 327 of the Criminal Code of the Russian Federation). The article provides statistical data on the current state of the considered type of crime, and also describes the methods of committing a crime by a person and (or) persons falling under Art. 327 of the Criminal Code of the Russian Federation. The author examines the criminological characteristics of the typology of the personality of a criminal who has committed a crime in the distribution, production and forgery of medical documents related to a new coronavirus infection, as well as the reasons and conditions conducive to the commission of crimes, measures to prevent crime of the type in question |
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Key words:official document, forgery of medical documents, coronavirus infection, fake vaccination certificate |
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Nevdach Olga Vladimirovna The genesis of legal regulation of licensing of forensic examinations in the Republic of Belarus |
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| The article discusses aspects of the legal regulation of licensing of activities for conducting forensic examinations in the period from 2003 to the present. It is noted that obtaining a special permit (license) for carrying out forensic examinations by legal entities and individual entrepreneurs is interconnected with the presence of a legal entity of employees who have a certificate of conferring the qualifications of a forensic expert, and the same certificate from an individual entrepreneur. With the adoption from January 1, 2021 of the Law of the Republic of Belarus "On Forensic Expert Activity the regulatory legal acts in the field of licensing forensic expertise have undergone changes. Problematic issues in this area remain issues related to the assignment of the qualifications of a forensic expert to certain categories of persons, a limited number of types of forensic examinations, in the field of which the qualifications of a forensic expert are assigned. | |||||||||||
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Key words: forensic expertise activities, licensing of forensic expertise activities, forensic expertise activities, license, certificate of qualification of a forensic expert. |
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Pantyukhina Inga Vladimirovna, Sidorova Svetlana Andreyevna Read the Article: |
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| In the article, based on the analysis of the Administrative Code of the Russian Federation and the Criminal Code of the Russian Federation, the authors have identified four forms of interaction of norms on administrative offenses and norms regulating crimes. Their allocation is based on the technique of their construction: the construction of crimes based on the norms governing administrative offenses and vice versa; constructing the elements of crimes by using administrative offenses as their signs; their construction by means of identical features, which makes them adjacent or competing; the construction of crimes with administrative prejudice. On the basis of specific norms, examples of the expression of the interaction of administrative and criminal law norms are shown, the problems of their differentiation, as well as the problems of qualification of crimes with signs of administrative offenses and with administrative prejudice are identified and presented. To eliminate the identified shortcomings in the interaction of administrative and criminal law norms, the authors consider it necessary: to identify all such norms, conduct their in-depth, detailed analysis and, on its basis, bring the norms into agreement with each other; exclusion of certain such norms from the current legislation; development and legalization of criteria for delineating the norms and rules of qualifications in their competition. |
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Key words: administrative offense, crime, signs of crime, public danger, harmful consequences, damage, related acts, competition of norms, administrative prejudice |
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Khlus Aleksandr Mikhailovich Object and subject of illegal trafficking in drugs: criminal legal and criminalistic aspects |
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| The problem of criminal law and forensic understanding of the object and subject of crimes related to the illegal circulation of narcotic drugs, psychotropic substances, their precursors and analogues is investigated. In the scientific, regulatory and educational literature on criminal law of the Republic of Belarus and the Russian Federation, they adhere to the traditional concept of public relations as the object of a crime, the abstract nature of which excludes the possibility of reflecting the system of traces containing forensically significant information about the committed criminal act. Forensic science, which studies the reality of the committed act, considers the object of the encroachment as a material element of the criminal structure. The object of drug trafficking in its forensic understanding is a person who is harmed as a result of an act. The criminal law and forensic understanding of the subject of drug trafficking is generally the same. The unification of scientific categories, which are used by the sciences of the criminal law cycle, is proposed with the aim of developing integration processes in their system. | |||||||||||
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Key words: criminal law, drug trafficking, criminalistics, material structure of a crime, object of a crime, object of a crime. |
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| Table of Contests | |||||||||||||||
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AIvanov Semyon Leonidovich Read the Article: |
Abstract | ||||||||||||||
| The transition to an innovative development model for most economically developed countries predetermined the special role of endogenous factors in ensuring stable economic growth. It is worth noting that the combination of such factors, which are the basis for conducting innovative activities, represents an innovative potential. As part of this work, a comprehensive analysis of the state of the innovative potential of Russian regions is carried out. In particular, the definition of the concept of "innovative potential of the region"is given, the contribution of the innovative potential to the development of the regional economy is determined. It also examines the most common methods for assessing the innovative potential of Russian regions. In addition, a retrospective analysis of the distribution of the constituent entities of the Russian Federation by the level of innovation potential is carried out, which allows us to conclude that the innovation potential of Russian regions has increased over the period from 2012 to 2019 | |||||||||||||||
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Key Words: region, socio-economic system, endogenous factor, innovative potential of the region. |
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Nikolayev Nikolay Alekseyevich Formation of the motivational core of employees based on a personalized approach
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| Competition for consumers, resources, highly productive employees, a dynamically changing external environment force owners and managers to look for ways to increase employee motivation to perform labor functions and improve the organization’s activities. This work is devoted to the theoretical substantiation of a model for the formation of motivation and motivational core of workers on the basis of a personified approach. The features of the personalized approach in motivating and stimulating personnel are considered. A model for the formation of an employee’s motivational core based on a personified approach is theoretically substantiated and presented. The relationship between the needs, interests, motives of the employee and his behavior in the process of carrying out labor activity is determined and presented.. |
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Key words: personified personnel management, personified motivation of personnel labor, formation of motives and motivational core of an employee based on a personified approach. |
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Kondratenko Yulya Nikolayevna The Impact of the COVID-19 Pandemic on Marketing Mix of Exporting Enterprises |
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| The coronavirus pandemic has had a significant impact on all areas of activity and has caused the need to adapt both consumers and enterprises to the new business environment. The article examines the impact of the COVID-19 pandemic on the marketing mix of exporting enterprises that have largely faced restrictions (border closures, mandatory quarantines in many countries, cancellation of exhibition and other face-to-face events, logistic restrictions, etc.). Using the example of a medical equipment exporter JSC "PO"Ural Optical and Mechanical Plant "named after E. S. Yalamov the article examines the complex marketing mix of the organization, analyzes four marketing strategies (commodity, price, distribution and communication) and analyzes the changes that were made by the enterprise. to minimize the negative effects of the pandemic and adapt marketing strategies to the new business environment. The study showed that thanks to the reforms and the introduction of new tools and digital technologies, the company was able not only to maintain export activities, but even increase its revenue compared to the period before the pandemic | |||||||||||
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Key words: marketing-mix, 4P, pandemic, price, product, promotion, place |
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Tebekin Aleksey Vasilyevich Read the Article: Analysis of the processes of formation of concepts and strategies for sustainable development |
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| The paper presents the results of a study of the analysis of the processes of formation of concepts and business strategies envisaged by the Schumpeter School of Entrepreneurship, based on the use of signals received by entrepreneurs as leaders of business structures from the external environment, transformed in accordance with the three-stage model of changes by K. Lewin. The scientific novelty of the results of the presented studies lies in the fact that on the basis of a comparative analysis of market conditions for the formation of concepts and strategies for the sustainable development of the school of entrepreneurship, developed on the basis of the best practices of the transition from the third technological order to the fourth and modern market conditions for the transition from the fifth technological order to the sixth, identified the possibility of using the provisions of the school of entrepreneurship in terms of the formation of concepts and strategies for sustainable development. |
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Key words: analysis, processes, formation, concepts, strategies, sustainable development. |
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Kirillova Yana Maksimovna Read the Article: Corporate conflict as a situation of committing crimes in the sphere of economic activity |
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| The level of conflict in the business environment is currently quite high. Experts predict a further increase in the number of court cases on consideration of corporate disputes. In the scientific literature, the concept of corporate conflict has already developed, this legal phenomenon has become the subject of many dissertation research. In recent years, there have been cases of criminal proceedings against participants in corporate disputes for committing economic crimes. This article examines the concept of corporate conflict, as well as the offenses often committed by participants in such conflicts. The subject of the research was monographs, scientific articles, dissertations on the issue under study, current judicial practice and statistics. The author draws significant conclusions that a corporate conflict is a new environment for the commission of a crime in criminal law. | |||||||||||
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Key Words:corporate conflict, criminal law, crimes in the sphere of economic activity, falsification of the unified state register of legal entities, the register of owners of securities or the depository accounting system |
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| Abstract |
Kocherga Inna Ivanovna
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| This article examines the issues of improving the criminal legislation and criminal procedure in the investigation of crimes against the person in the conditions of hostilities in connection with the operation of special legal regimes. The opinions of scholars investigating aspects of the operation of law in conditions other than peacetime are analyzed. It is noted that, despite the completeness of theoretical concepts, a significant amount of issues remains unresolved, including the expediency of establishing a special procedure for criminal proceedings during the period of special regimes, determining approaches to regulating its form, the need to improve the procedural procedure for conducting investigative actions and making procedural decisions ... Requirements are formulated for a model of criminal legislation operating in a special regime, providing for the inadmissibility of reducing the effect of principles, taking into account the conditions of the introduced special regime measures, introducing additional guarantees and minimizing interference in the scope of the procedural status of participants. |
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Key words: special legal regime, martial law, expedited proceedings, measures of special legal regime, investigation in the conditions of military operations. |
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Petrova Olga Valentinovna Implementation of Mediation in the mechanism of criminal policy of the Republic of Belarus |
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| The paper examines the problem of introducing mediation and other conciliation procedures in the Republic of Belarus through the prism of criminal policy. The history of the development of conciliation procedures in the Republic of Belarus as a whole is described. The novelties of legislative consolidation of mediation in the criminal process are noted, the history of discussion of amendments to the law is given. The experience of pilot projects for the implementation of restorative mediation by the educational and practical institution "Center"Mediation and Law in Minsk, Baranovichi, Soligorsk is pointed out. Attention is drawn to the need to rethink the principle of inevitability of responsibility and the principle of publicity. The paper also points out the importance of civil society institutions in the implementation of restorative mediation. The absence of a developed infrastructure in the Republic of Belarus for the functioning of restorative justice as an effective system is noted. The paper shows the need to solve the problem of financing restorative mediation, in particular through public-private partnerships. The need to ensure the availability of mediation for a wide range of participants in the process, including vulnerable groups, which is the key to solving the problems of combating crime through mediation. An example of restrictions in the use of conciliation procedures is given, the need to follow the requirement of media ability is noted. | |||||||||||
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Key words: criminal policy, reconciliation, criminal procedure of the Republic of Belarus, restorative justice, victim-offender mediation, probation. |
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| Abstract |
Rudenko Darya Alekseyevna Read the Article: |
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| In the article, the author examines the issues of optimization, digitalization and objectification of the conduct of investigative and other procedural actions by the subjects carrying out the criminal process. In particular, the author analyzes such a phenomenon as an electronic criminal case, which is the result of the development of modern forensic mechanisms. It is noted that the main function of electronic document management in criminal proceedings should be aimed at facilitating interaction between the links of the criminal, penal system and all participants in criminal proceedings. The experience of foreign countries in the implementation of electronic legal proceedings, in particular the Republic of Kazakhstan, the Republic of France, the Republic of Belarus, the USA, etc., is considered. In conclusion, the author draws conclusions about the prospects for borrowing foreign experience for the development of criminal justice in the Russian Federation |
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Key words:deformalization, electronic criminal case, digitalization |
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Khlus Aleksandr Mikhaylovich Criminalistics’ methodology: concept, current state and trends |
Abstract | ||||||||||
| Forensic science developments have a practice-oriented focus. But the reality is that many of them, for various reasons, turn out to be unclaimed or are losing popularity among practitioners. Despite the existing problems of an applied nature, forensic science as a system of theoretical and practical knowledge has the potential to optimize the results of its research. First of all, a forensic technique needs this. In its current form, it is a theoretical system that does not ensure the effectiveness of the investigation of crimes at the proper level. The analysis of the existing problems of the forensic methodology allowed the author to conclude that it is possible to increase the efficiency of private methods of investigating crimes, based on a new information model of crimes, the formation of which is possible provided that the conceptual provisions of the forensic characteristics and the material structure of crimes are combined. | |||||||||||
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Key words:criminal law, crime, forensic science, investigation technique, forensic characteristics, material structure of the crime. |
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| Abstract |
Yashkov Sergey Aleksandrovich Read the Article: Illegal Access to Computer Information: Theory and Practice of Criminal Law Application |
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| The article is devoted to the study of the problems of qualification of computer crime. The author analyzes the statistics of computer crimes in the Russian Federation, paying special attention to the most common of them - illegal access to computer information. Examples from judicial practice are given. In addition, the author attempts to give a criminal-legal description of the objective side of the offense under Art. 272 of the Criminal Code of the Russian Federation, and raise the issue of the difficulties of qualifying the actions of the guilty person who has carried out illegal access to computer information protected by law, which did not lead to the destruction, blocking, modification or copying of computer information |
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Key words: computer crimes, blocking, modification, copying, computer information, illegal access |
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| Table of Contests | |||||||||||||||
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Aksenova Svetlana Vladimirovna, Zorkina Angelina Vladimirovna Pesotskaya Yelena Nikolayevna Read the Article: |
Abstract | ||||||||||||||
| The article examines aspects of the problem of the co-essence of form and content with natural material based on the analysis of the creativity of the sculptor S. D. Erzya. The natural and cultural foundations of the origin of the artistic image are presented. In the address of the master to the sphere of human feelings, the step-by-step process of the embodiment of the form in the primary intuitive form, manifested in the form of information, is shown. Form as a general means of artistic expression is determined from the concept of the unity of action, which is closer to the base than information or function. For the first time in describing the process of creating artistic images and sculptural creations from natural materials, quantum is considered as a material and energy substance. Ontopsychological and ontophilosophical understanding of the emotional sphere of the author in the creative process means that "a quantum of emotion transfers the informing unity of action."The role of form as a defining principle for measuring the essence that possesses this form is also noted. The consubstantiality of content and form expresses the author’s method of conveying sensations from imagination in creating forms, combined with impressionism in S. D. Erzya’s sculpture. The predominance of spatiality over materiality in this direction of art makes the material a means of revealing creative intention. The embodiment of reality through the concentration of spiritual energy and ontopsychology of the artist is presented as an active modular process. | |||||||||||||||
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Key Words: artistic image, ontopsychology, creativity, method, form, content, quantum, cultural foundation, original, aesthetic integrity. |
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| Abstract |
Isakova Natalya Vladimirovna Biological foundations of cognitive processes: opportunities and prospects
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| The paper considers the results of empirical studies of the human psyche. The importance of synthetic disciplines (brain biology, cognitive neurobiology, etc.), which, based on evolutionary principles, study the deep mechanisms of complex cognitive processes, is noted. The most promising studies of the process of acquiring knowledge, their preservation, peculiarities of perception, understanding and thinking are demonstrated. It is emphasized that the concept of the brain changes incredibly quickly. Such a biologically determined approach will allow future researchers to advance in understanding how the connection of our unconscious mental processes with conscious ones is realized, how the mechanism of mental "time travel"is implemented, allowing us to return again and again to long-past life events, as well as how activation of certain neurons (mirror) triggers the processes of imitation, recognition, empathy and other abilities, without which people would not be able to communicate with each other. |
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Key words: neurobiology, cognitive processes, memory, thinking, neuroplasticity |
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Azatyan Khachatur Samvelovich, Gordopolov Evgeny Alexandrovich, Kurnosov Vladimir Sergeevich |
Abstract | ||||||||||
| The article discusses the practical aspects of assessing the economic efficiency of the development of the resource potential of agricultural organizations of the Krasnodar Territory engaged in the production of fruit and berry products. The article analyzes the formed powerful diversified potential of enterprises of the Krasnodar Territory, which is quite attractive for the development of diversification of activities. The analysis of efficiency of development of diversification of production of agricultural enterprises of the region is carried out. The relevance of production diversification in domestic practice is substantiated, which is due to the fact that this strategy provides the organization with competitive advantages in the competition with internal and external producers, allows it to integrate into the market space. A comprehensive analysis of the availability of fruit and berry products of the region was carried out. The directions of diversification of production are determined by the example of the introduction of processing of fruit and berry products. A universal project for the development of resource potential is proposed for implementation on the example of a typical agricultural enterprise of the Krasnodar Territory. | |||||||||||
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Key words: efficiency, investment, profit, resource potential.. |
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Erashkova Alexandra Yuryevna, Chernov Yuriy Ivanovich Read the Article: The economic basis of local self-government and ways to improve it |
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| The article is devoted to the study of the economic basis of local self-government, in particular, its special component - the local budget. The study determines the role of economic support of local self-government, because the ability of the authorities to resolve issues of local importance depends on its state. It is indicated that in order for the municipal district to effectively resolve issues of local importance, it is necessary to ensure a balanced budget, that is, ensuring that the amount of expenses corresponds to the amount of income. The main problems of the existing budgetary system in Russia are considered. The budget of the Krasnodar Territory is analyzed, the advantages and some disadvantages of the system are revealed. In conclusion, recommendations are given for a more successful execution of income and expenses, and the main ways to improve local budgets, applicable throughout the territory of the Russian Federation, are proposed. |
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Key words: economic basis, budget system, local budget, self-government, surplus, deficit. |
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| Abstract |
Frolov Aleksandr Andreyevich, Chernov Yuriy Ivanovich Problems and prospects for the development of value added tax in Russia
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| The article examines the problems and prospects of value added tax (VAT). The definition of value added tax is given, the main legal acts regulating activities in the tax area are listed, and the provisions of the tax legislation of the Russian Federation are examined. The list of persons involved in the payment of value added tax. The current problems of tax policy in the field of value added tax are analyzed and the main prospects for the development of this tax in Russia are outlined. The ways of solving the problems existing in the tax system are proposed. The author notes that the method involving an increase in government budget revenues will only work with the adoption of a number of changes in the tax legislation of the Russian Federation. . |
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Key words: value added tax, tax system, taxation, tax legislation, indirect taxes. |
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Shamray Kirill Yevgenyevich, Chernov Yuri Ivanovich The role of state support in the form of tax benefits and subsidies |
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| The article introduces research in the field of government support based on economic and legislative initiatives. The paper provides a definition of the concepts of tax benefits and subsidies as the most common measures of state support, and also considers their functions. The analysis of the effectiveness of these measures is carried out on the example of the Krasnodar and Khabarovsk Territories, statistical data are presented. Particular attention is paid to the consideration of tax incentives and subsidies as instruments of economic stimulation of Russian regions. The authors propose measures to stabilize the socio-economic situation in the Far East, as well as specific ways to improve the quality of life of the population and stop the outflow of the population. The purpose of the article is to show the role and importance of state support in the constituent entities of the Russian Federation | |||||||||||
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Key words: tax benefits, subsidies, state support, economic processes, subjects of the Russian Federation. |
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| Abstract |
Adzinova Zarema Timurovna, Smirnova Tatyana Nikolayevna, Chernov Yuri Ivanovich Read the Article: |
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| In this article, the authors study the state financial control over the use of budget funds at the regional level. It is noted that monitoring compliance with legislation in the field of spending budget funds is of particular importance for the state, because legal and justified spending of funds is one of the basic conditions for the economic and socio-political development of society. Within the framework of this study, the concept of regional financial control is studied, the powers of the authorities exercising financial control at the level of the constituent entity of the Russian Federation (using the example of the Krasnodar Territory) are considered. The purpose of this study is to identify problems associated with the ineffectiveness of the functioning of this legal institution, as well as to assess the possibility of increasing the effectiveness of state financial control over the execution of the budgets of the constituent entities of the Russian Federation |
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Key words:financial control, budget, expenses, taxes, regional economy |
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Akopyants Arsen Amazaspovich, Ryabchenko Aleksandr Grigoryevich |
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| The article analyzes theoretical approaches to defining the functions of the state in the context of ensuring the observance of human rights and freedoms. In the context of the observance of human rights and freedoms, the functions of the state act as general in relation to the functions of state authorities, local self-government and specific officials. This ratio justifies the use of the functional method, which indicates the presence of an internal structure in all state-legal phenomena without exception. It is noted that the emergence of certain functions of the state and individual state bodies in the context of ensuring the observance of human rights and freedoms depends on the specifics of the historical stage in the development of society. According to the authors, specific historical conditions determine the list and content of the functions of the state, their priority and significance, as well as its social essence. The evolution of state functions combines the tendencies of continuity and renewal. | |||||||||||
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Key words:human rights and freedoms, functions of the state, observance of human rights and freedoms, the meaning of the functions of the state, the content of the functions of the state. |
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| Abstract |
Andreyev Artem Alekseyevich Read the Article: Problems of law enforcement practice in establishing paternity in the Russian Federation |
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| This article is devoted to the consideration of the problems arising in the establishment of paternity in the Russian Federation. It is noted that the establishment of maternity and paternity is an essential element of family legal relations. The study examines the procedure for verifying paternity and situations when it is burdensome or impossible to establish paternity. The definition of the concept of paternity is given, the provisions of the Family Code of the Russian Federation, related to the issues under consideration, are investigated. The main problems in verifying paternity, according to the author, are the incapacity of the person who is the father; the absence in the registry office of statements from both parents confirming the fact of paternity; finding the child’s mother in cohabitation with his father, as well as a number of others. The author proposes ways of solving the problems identified in the article. |
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Key words: family law, Family Code of the Russian Federation, establishment of paternity, presumption of paternity, the fatherhood institute. |
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| Abstract |
Belchik Anastasiya Maksimovna, Khasayeva Anna Ilmutdinovna Influence of the bolona system on modern problems of juriprude
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| This article examines the influence of the Bologna education system on modern problems of jurisprudence. One of the main goals of the Bologna Process is “to promote mobility by overcoming obstacles to the effective exercise of free movement”. For this, it is necessary that the levels of higher education in all countries are as similar as possible, and the scientific degrees awarded based on the results of education are easily comparable. This, in turn, is directly related to the reform of curricula, the introduction of a modular training system and a special Diploma Supplement in universities. It is noted that the Soviet education system presupposed a higher quality and systemic education. The work identifies topical problems caused by the implementation of the Bologna system in Russian education, suggests and substantiates ways to resolve them |
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Key words: esystem, jurisprudence, the Bologna process, scientific personnel, education, bachelor’s, master’s, postgraduate studies. |
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Dashin Aleksey Viktorovich, Melnik Alexander Vitalievich |
Abstract | ||||||||||
| The article discusses the issues of protecting the rights of business entities in the interaction of legal entities with administrative and control bodies. The provisions of regulatory legal acts are analyzed. According to the authors, it is necessary to clarify the legal position of the prosecutor in the Arbitration Procedure Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. The article also examines the problems associated with the uncertainty of the legal status of the Commissioner for the Protection of the Rights of Entrepreneurs. The authors are invited to amend Art. 53.1 of the Arbitration Procedure Code of the Russian Federation, namely, to recognize the Commissioner for the Protection of the Rights of Entrepreneurs as a person participating in the case, and to legalize the rights of the business ombudsman to enter into court proceedings on his own initiative at any stage of the process. | |||||||||||
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Key words: administrative and control bodies, legal entities, individual entrepreneurs, Commissioner for the protection of the rights of entrepreneurs |
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| Abstract |
Dyrkacheva Olga Yevgenyevna Read the Article: Problems of the institute of correspondence in the civil process |
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| The Civil Procedure Code of the Russian Federation identifies several forms of procedural proceedings in civil cases, one of which is proceedings in absentia. The article examines the features of the implementation of this production in law enforcement practice, discloses aspects of the regulation of civil procedural legal relations, taking into account the specific features of absentee proceedings in civil cases. It is noted that the absentee proceeding of the civil case contributes to the resolution of disputes in a short time due to the absence of the defendant, acts as a simplified procedure and helps to resolve the urgent problem of the workload of the courts. But despite this, at present there are issues that, according to the author, require resolution by making clarifications and additions to the Civil Procedure Code of the Russian Federation |
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Key words: civil cases, proceedings in absentia, civil procedure, procedural law, trial, judgment in absentia |
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Dzyuba Yekaterina Aleksandrovna Read the Article: Official as a subject of administrative responsibility for an offense in the field of taxes and fees |
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| This article raises questions about the administrative responsibility of officials as subjects of offenses in the field of taxes and fees. The concepts of the institution of administrative responsibility, personification of responsibility are considered. Based on publicly available data, regulatory documents, the work describes possible offenses by officials and what responsibility they will bear. It is indicated that an official as a subject of offenses in the field of taxes and fees can be both individuals and entire organizations in accordance with Art. 107 of the Tax Code of the Russian Federation. It is noted that bringing an organization to account for an offense in the field of taxes and fees does not exempt officials from administrative liability if there are grounds | |||||||||||
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Key Words:administrative responsibility, official human, organization, founder, personification, subject, foundation, offense, accounting, taxes and fees. |
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| Abstract |
Dukach Valeriya Sergeyevna Legislative problems of environmental audit in the Russian Federation
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| At the moment, close attention is paid to the problems of environmental protection, various measures are taken every day to protect the natural environment from adverse anthropological influences. This direction of domestic and foreign policy of the state is one of the paramount. That is why there is an urgent need to regulate various procedures aimed at monitoring compliance with legal requirements. This article is devoted to the issues of environmental listening, theoretical and practical aspects of its implementation. The experience of foreign countries in this direction was studied, as well as the history of the emergence of audit in the Russian Federation. The main problem of the implementation of the environmental audit is reflected, which is expressed in the legal gap, and, consequently, in the insufficient regulation of the procedure for conducting environmental audit. Possible ways of solving the identified problem are indicated |
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Key words: environmental audit, environmental protection, environmental control |
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Ivanova Anastasiya Dmitriyevna |
Abstract | ||||||||||
| The interrogation of a suspect is one of the most important stages in the investigation of a crime, since from the content of the suspect’s testimony it is possible to obtain factual data that cannot be obtained from other sources, because this category of participants in legal proceedings is better known than anyone else about the actual circumstances of the crime. That is why the interrogation of the suspect as a complex and responsible action should be preceded by a certain preparatory and organizational activity, including the choice of the forthcoming interrogation tactics and the determination of the goals of interrogation. In this article, the author examines some tactical methods of influencing a suspect in a crime who refuses to admit guilt and confess, in order to convince the latter to admit guilt. Knowledge of such theoretical provisions allows the investigator to apply various tactics when carrying out an investigative action, which helps to most effectively obtain the required result. | |||||||||||
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Key words: suspect, tactics of interrogating the suspect, admission of guilt, detailed testimony. |
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| Abstract |
Ivanchik Igor Sergeyevich Read the Article: |
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| Within the framework of this article, an issue is considered related to the constitutional and legal regulation of the federal structure of the Russian Federation in the light of the constitutional reform carried out in 2020. As a result of amendments to the chapter of the Constitution of the Russian Federation dedicated to the federal structure, questions arose regarding the compliance of the amendments with the rest of the provisions of the Constitution of the Russian Federation. The amendments made to the Basic Law provide for changes in the legal status of the Russian Federation, changes in the system of public authority. It is obvious that the adopted changes cannot but have an impact on the federal structure, cannot but affect the principles of Russian federalism. This article is devoted to the study of the impact of the consequences of the constitutional reform caused by the amendments to the Russian Constitution on the basis of the constitutional order. |
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Key words:Constitution of the Russian Federation, constitutional reform, amendments to the Constitution, Constitutional Court of the Russian Federation, federalism, local self-government, public power |
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Kaminskaya Elizaveta Aleksandrovna |
Abstract | ||||||||||
| This article analyzes the features of deprivation of parental rights as a measure of family legal responsibility. The role of the state in the upbringing of children and the role of the family as an institution of family law are considered. It is noted that today the tendency to abuse of parental rights, improper performance of parental duties is rapidly spreading. The number of parents deprived of parental rights is growing. It should be emphasized that the deprivation of parental rights is focused primarily on protecting the interests of minors and enlightening parents. Every year in Russia, about 13 million civil cases and 1 million cases arising from marriage and family relations are resolved, that is, almost 8.5%. In this regard, a theoretical and practical study of the legal consequences of violation of the rights and interests of a minor becomes especially relevant. | |||||||||||
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Key words:family, child, protection, parental rights, parental responsibilities, deprivation. |
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| Abstract |
Komogortseva Anna Vasilyevna Read the Article: Environmental expertise as a tool for ensuring environmental safety |
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| This article is devoted to the consideration of the institute of ecological expertise in the Russian Federation. Speaking about environmental expertise as a tool for ensuring environmental safety, the author points out its precautionary value, because it is carried out directly at the stage of preparation for the implementation of economic activities. Legal regulation of environmental expertise is carried out at the regional and federal levels, which is due to the fact that the Russian Federation can delegate some of its powers to the regions. The article describes the process of environmental impact assessment, which depends on its type (state or public). The article considers the procedure for accounting for expert opinions, their varieties. The analysis of data on the objects of ecological expertise of the regional level for the last three years is carried out, a conclusion is made about the effectiveness of this type of expertise.. |
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Key words: environmental expertise, environmental protection measures, negative impact, objects of environmental expertise. |
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Kosinenko Nikolay Nikolayevich, Krutova Yana Aleksandrovna Read the Article: On the issue of certification of auditors |
Abstract | ||||||||||
| This article examines the modern aspects of the auditor certification system. Some problems that exist in the certification system when passing the qualifying exam are revealed. The article examines the federal legislation in the field of auditing, in particular the Federal Law “On Auditing”, orders of the Ministry of Finance of the Russian Federation regulating the procedure for conducting the qualification exam, as well as some provisions of the Code of Professional Ethics of Auditors. The process of passing the qualification exam by a person applying for an auditor’s qualification certificate is analyzed. The paper proposes various measures that, according to the authors, will contribute to an increase in the efficiency and productivity of the qualification exam for persons applying for an auditor’s qualification certificate, and, as a consequence, to an increase in the level of professional training of these specialists | |||||||||||
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Key Words: auditor, auditor’s qualification certificate, qualification exam, unified attestation commission, interviewing. |
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| Abstract |
Lebed Vladislava Alekseyevna Restriction of labor rights and freedoms due to a criminal record
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| This article raises problematic issues related to the restriction of labor rights and freedoms due to a person’s criminal record. The scientific literature is studied, as well as the current legislation. The list lists those spheres of public life in which the presence of a criminal record is recognized as an obstacle to the implementation of labor activities. The work reflects the current problems that negatively affect the effectiveness of legal regulation of labor relations. In particular, it is noted that at present the issue of establishing restrictions on engaging in pedagogical activities under civil law contracts for persons with a criminal record has not been regulated; the issue related to the implementation of tutoring activities has not been resolved. The article contains proposals aimed at the settlement and further resolution of these legal gaps. |
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Key words: labor contract, legal restriction, prohibition, employer, labor legislation, criminal record. |
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Leyba Igor Petrovich Features procedural form of protection of intellectual rights |
Abstract | ||||||||||
| This article examines the procedure for the implementation of various forms of protection of intellectual property rights. It is noted that the protection of intellectual rights at the modern level of technology development is an important side of public life. The development of public relations for the creation and use of the results of intellectual and creative activity, as well as an increase in the investment climate in the country, are closely related to it. In this work, the author analyzes the problems of determining the jurisdiction of disputes related to intellectual rights, and the use of evidence in the consideration of litigation. In addition, the issue of alternative resolution of disputes related to the protection of intellectual rights by means of arbitration is raised. In conclusion, the author comes to the conclusion that in order to protect the rights to the results of intellectual activity, the procedural legislation of the Russian Federation has created an effective mechanism for protecting the violated rights of their owners, but modern legislation still contains a number of gaps in this. | |||||||||||
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Key words: intellectual rights, arbitration process, arbitration court, intellectual rights court. |
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| Abstract |
Leiba Igor Petrovich Read the Article: Mediation as a method for resolving disputes in the system of insolvency (bankruptcy) relations |
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| The article examines the issues of using the Russian institution of mediation as a method of alternative resolution of various disputes arising at all stages of the bankruptcy procedure, analyzes its features. It is indicated that the institution of bankruptcy, despite the private nature of legal obligations, is associated with the direct participation of the state. The special role of the institution of mediation is that this institution of alternative dispute resolution, with its proper development, will significantly reduce the burden on arbitration courts in cases of insolvency of economic entities and individuals. The paper analyzes the need to use the institution of mediation as an element of the structure of anticrisis management during bankruptcy proceedings, considers the possibility of concluding an amicable agreement as a result of negotiations and termination of the bankruptcy procedure. |
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Key words: bankruptcy, mediation, arbitration process, alternative dispute resolution, settlement agreement. |
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Lokteva Polina Vladimirovna, Rasskazov Vyacheslav Leonidovich Read the Article: Evolution of the Arbitration system in Russia |
Abstract | ||||||||||
| This article examines the main stages of the formation of the Russian arbitration system, from Ancient Rus to the modern stage of development and formation of the Arbitration Procedure Code of the Russian Federation. The paper analyzes the reforms of the laws of the Russian Federation that have taken place in recent years. Among the positive changes introduced by the reform, there is an expansion of the range of disputes recognized as arbitrable, primarily corporate. According to the authors, the success of the Russian arbitration reforms in 2015 will depend on the application of the new rules on the ground. It can be expected that the truly cautious attitude of state courts towards arbitration will continue for some time in the future, but ultimately, pro-arbitration sentiment will prevail among the Russian judiciary | |||||||||||
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Key Words:court, arbitration process, judicial system, bill, justice, jurisdiction.. |
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| Abstract |
Meretukova Izabella Vyacheslavovna, Chernov Yuriy Ivanovich To the question of the constitutional and legal foundations of economic activity
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| The article is devoted to the study of the features of the use of electronic state and municipal services provided to the population to meet the needs. The advantages of using such services include time savings, significant discounts when paying for some services, open access to convenient services, etc. Over the past ten years, the number of citizens using the electronic format and using the Unified Portal of State and Municipal Services has significantly increased. The most relevant services include checking issued fines, making an appointment with a doctor and transferring payments through the portal. The article examines modern problems of electronic interaction between the state and citizens of the Russian Federation, suggests ways to solve them, aimed at increasing the efficiency of government activities, as well as ensuring active and safe life of the population. |
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Key words: electronic state and municipal services, features of the use of services, satisfaction of needs, interaction between the state and citizens, current problems, solutions, efficiency, activity, security |
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Morozova Karina Alekseyevna |
Abstract | ||||||||||
| The article is devoted to the theoretical and legal analysis of administrative responsibility in the Russian economy. It is noted that this form of responsibility is universal in nature: it is established for a wide range of offenses related to various branches of law, which gives administrative responsibility an intersectoral nature. The article examines the signs of administrative responsibility, analyzes the provisions of the norms of the Code of the Russian Federation on Administrative Offenses. The problems associated with the implementation of entrepreneurial activity without state registration by both an individual entrepreneur and a legal entity are investigated. These problems are caused by the inconsistency of the amendments enshrined in the normative acts, which is determined by the variability of the political strategy. According to the author, state intervention in the economy is necessary, since the state assumes responsibility for creating equal conditions for effective competition, and also limits the monopolization of production. | |||||||||||
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Key words: administrative law, economic sphere, administrative norms, offenses. |
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| Abstract |
Nazarets Yekaterina Vladimirovna, Shulga Antonina Konstantinovna Read the Article: |
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| This paper analyzes the amendments made to the Civil Code of the Russian Federation concerning the concept of digital rights as an independent object of civil rights. The legislative framework in this area is considered, the positions of scientists on the need to introduce this institution are examined. The article also examines various theoretical and legal and civil legal aspects of this innovation. Definitions of concepts that are directly related to the issue under study are given. The opinions of scientists on the possibility and advisability of introducing legislative acts regulating digital rights into civil legislation are presented. The lack of unity of views on the content of digital rights, the specifics of their implementation in the legislation of the Russian Federation and in international law is emphasized. The article analyzes the provisions of the Civil Code of the Russian Federation concerning this issue. |
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Key words:digital rights, objects of civil rights, cryptocurrency |
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Rudenko Yevgeniya Yuryevna |
Abstract | ||||||||||
| The activities of persons engaged in entrepreneurial activities must comply with the regulatory and legal requirements established by the current legislation of the Russian Federation. Often, the owners and managers of business entities simply do not physically have time to pay close attention to the preparation of legal documentation, which over time often leads to a violation of the procedure for conducting legal activities. It is in order to avoid negative aspects in the work of an organization during an audit by state bodies with all the ensuing consequences that a legal audit is carried out. The purpose of such an audit is the possibility of timely identification of weaknesses in the legal activities of organizations and individual entrepreneurs, the subsequent search and proposal of optimal solutions to prevent any risks in this area. In this article, the author examines the concept of legal audit, formulates its goals and objectives. The basic principles of legal audit are listed. | |||||||||||
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Key words: legal services, legal audit, legality, entrepreneurial activity. |
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| Abstract |
Svitenko Natalya Gennadyevna Read the Article: |
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| The article analyzes the main problems of law enforcement in unauthorized construction. An example from judicial practice is given. It is noted that the legislator does not directly establish the obligation to demolish an unauthorized building, but his indication that an illegal building is subject to demolition is imperative. At the same time, in practice, situations often arise when the creator of an unauthorized building is unknown. According to the author, it seems advisable to reduce municipal control over unauthorized construction. This will require changing a number of norms of Art. 222 of the Civil Code of the Russian Federation. In addition, the need to introduce into the legislation provisions on a fine as a form of responsibility for the erection of an unauthorized building on someone else’s land is evident. |
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Key words: unauthorized construction, demolition, building, structure or other structure, land plot. |
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Struleva Anastasiya Sergeyevna |
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| Crimes committed by minors have always had and are of particular importance and relevance among other criminal acts. In recent years, there has been a rapid increase in crimes committed by persons under the age of 18, in connection with which this topic does not cease to be the focus of attention of scientists, proceduralists and directly law enforcement officers. One of the most important activities of the latter is the search for ways to reduce (decline) juvenile delinquency, since modern types of criminal liability applied to such persons often turn out to be ineffective and do not have a proper impact on the behavior of the subject of crime. This article analyzes the current state of juvenile delinquency, examines the current problems of bringing these persons to criminal responsibility, examines the norms of criminal legislation governing the procedure for applying the types of criminal punishment provided for by the criminal law to minors, and also proposes some ways of solving the indicated issues | |||||||||||
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Key words: minor, criminal responsibility, crime, criminal law, criminal punishment |
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Struleva Anastasiya Sergeyevna Read the Article: |
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| The issue of sentencing minors for committing a crime has always been a subject of discussion among scientists and is relevant to the present day, since the correction of a juvenile convict and the restoration of social justice play a key role in shaping the worldview of a child and his future. The modern criminal legislation of the Russian Federation stipulates that the courts, when imposing punishment on persons under the age of 18, should be guided by the principle of humanization and individualization of criminal punishment. In this regard, the legislator has provided for a limited list of types of punishments that can be imposed on minors for committing a criminal act prohibited by the norms of the Special Part of the Criminal Code of the Russian Federation. However, the criminal legislation and criminal policy of our state has some legal gaps, the elimination of which is necessary to create an effective punishment system. In this article, the author has studied the main features of the appointment of punishment to minors, considered the types of punishments that can be assigned to them, and also analyzed the existing legislative gaps. |
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Key words: minor, punishment, sentencing, criminal law, punishment system. |
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Sopygova Violetta Vitalyevna Read the Article: On the issue of removing administrative barriers in the field of small business |
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| Today, the number of individual entrepreneurs is significantly decreasing, which is associated with the crisis caused by, among others, the coronavirus pandemic. Small commercial organizations and individual entrepreneurs account for about 5–6% of the total volume of fixed assets and 6–7% of the volume of investments in fixed assets throughout the country. There are more than 5.6 million small business entities in the Russian Federation — this list includes all companies and individual entrepreneurs whose income is less than 800 million rubles a year. This article examines the administrative obstacles and barriers that hinder the successful development of small businesses in Russia. A number of measures are listed that, according to the author, are capable of optimizing the regulation of the state control system in the country | |||||||||||
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Key Words:small business, government support, administrative barriers, labor activity. |
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Chizhikov Maksim Aleksandrovich lInfluence of the motive of abuse of official powers on the qualification of a crime
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| One of the most common problems associated with the qualification of abuse of official authority is the problem of establishing interest. The analysis of law enforcement practice demonstrates different approaches to establishing interest. The presence of such signs as illegality in the abuse of authority does not yet indicate the presence of personal interest. The presence of a special motive for committing a crime indicates the presence of intent, and intent indicates the presence of motive. Self-interest or other personal interest is always associated with actions that violate the rights of citizens, the organization. Abuse of official powers cannot have any other motivation. As part of this work, an analysis of law enforcement practice in criminal cases related to abuse of official authority will be carried out. In particular, the aspect of establishing the interest of the subject of the crime will be considered. |
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Key words: abuse of official authority, subjective side, intent, motive, purpose, qualification |
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Chizhikov Maxim Aleksandrovich |
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| The public danger of commercial bribery is associated with a violation of the normal course, as well as the implementation of commercial activities related to the full development of market relations, undermining the economic functions of organizations, enterprises and corporations, including state ones. A crime related to the implementation of commercial bribery violates the process of making managerial decisions, as well as disrupts the course of the functions of a commercial organization. As part of the implementation of its activities, a commercial organization bases its decisions based on the laws, laws and processes of the market economy, builds a development plan on market relations, "healthy"supply and demand. The commission of corruption violations causes significant harm to economic and other market relations. In Russian criminal legislation, liability for commercial bribery is provided for in Article 204 of the Criminal Code of the Russian Federation. | |||||||||||
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Key words: fee-based nature management, rational nature management, green spaces, logging ticket, replacement cost, compensatory landscaping, Red Book. |
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Yakimenko Kirill Sergeyevich, Shulga Antonina Konstantinovna Read the Article: |
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| This article examines the legal nature of non-profit organizations as subjects of entrepreneurial legal relations. An analysis of the current legislation is carried out, in particular the provisions of the Civil Code of the Russian Federation. The study examines the ways of defining and understanding non-profit organizations, their inherent characteristics. The definition of the concepts of "entrepreneurial activity"and "incomegenerating activity"in the context of non-profit organizations is given, signs, criteria, correlation, normative regulation of these institutions and their differentiation are considered. Various points of view are being investigated to solve this problem in science. In conclusion, the authors conclude that there is no consensus on the relationship between the concepts of "entrepreneurial activity"and "income-generating activity". In addition, there is no necessary normative consolidation of the concept of “income-generating activity”. |
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Key words:Non-profit organizations, the subject of entrepreneurial legal relations, entrepreneurial activity, income-generating activity. |
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Tarasov Evgeny Alexandrovich |
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| The article discusses the signs and methods of detecting traces of a car rollover, which will help expert auto technicians and representatives of insurance companies to effectively resist cases of insurance fraud. A survey of specialists was carried out in order to form an idea of the possibilities of using certain research methods, instrumental measurements, methods of auto-technical examination to form a general picture of damage to a vehicle during rollover. The results of research are presented, based on the results of which conclusions were drawn about the need to develop a system of guidelines for identifying signs and damages characteristic of a car rollover. According to the author, these recommendations will effectively resist cases of insurance fraud under OSAGO. | |||||||||||
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Key words:: road accidents, auto technical expertise, CTP, insurance fraud |
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Frolkin Nikolay Pavlovich, Yakovets Evgeny Nikolaevich Read the Article: |
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| This article examines the role of financial control in ensuring the effective operation of the state machinery. The components of a two-tier system of financial control in the Russian Federation are analyzed, subjects of non-state financial control are carefully considered, as well as problems that hinder their effective work. Particular attention is paid to the process of public financial control, its impact on the development and strengthening of civil society in modern Russian realities. Various federal laws regulating the process of participation of citizens and public associations in the course of financial control are considered. The actual problem of the absence of a specialized law dedicated to the implementation of financial control is investigated. At the end of the article, the authors propose measures to improve the efficiency of the ongoing financial control, based on the development and adoption of a new federal law.. |
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Key words: financial control, public financial control, state financial control, civil society, subject of financial control, financial control system, financial control process, specialized legislation |
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