scholarly journals Digital economy: theoretical and legal enforcement issues in terms of regional aspect

2020 ◽  
Vol 164 ◽  
pp. 09016 ◽  
Author(s):  
Elena Voskresenskaya ◽  
Lybov Vorona-Slivinskaya ◽  
Lybov Achba
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Digital Economy ◽  
Economic Activities ◽  
Legal Principles ◽  
Property Relations ◽  
Legal Enforcement ◽  
Regional Aspect ◽  
Economic Reality ◽  
Identification Of Persons

The study on issues of digital economy proved the current existence of the new “digital” economic reality. The traditional legal apparatus used for the statutory regulation of this new economic reality showed itself not only inefficient, but also significantly restraining the actively developing economic processes. In this regard, a plenty of practical and legal collisions occur related to the problems of identification of persons involved in civil-law transactions, property relations regarding digital economic turnover (for instance, relations concerning property rights in the field of distributed ledgers), registration of property rights and deals, regulation of banking line processes, formation of special protection models for relationships based on the use of digital technologies including issues of cybernetic and data security. The development of digital economy will inevitably influence legal principles and demand reconsidering some of doctrinal approaches to traditional legal models of regulating different types of economic activities. In this case, socially just changes in the legal regulation of economic activities should be primarily aimed at removing legal barriers that impede the development of digital economy, as well as at synchronizing legal rules with the technological features of economy’s functioning.

scholarly journals The mechanism of regulatory sandboxes for introducing digital innovations: the practice of implementing experimental legal regimes at national and supranational levels

2020 ◽  
Vol 15 (4) ◽  
pp. 130-138
Author(s):  
E. B. Zavyalova ◽  
D. D. Krykanov ◽  
K. A. Patrunina
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Successful Implementation ◽  
Economic Activities ◽  
Digital Development ◽  
Effective Instrument ◽  
Pass Through ◽  
Legal Mechanism

Introduction. The legal mechanism of regulatory sandboxes is implemented in a number of countries to foster the development of the digital economy. Regulatory sandboxes act as a legal mechanism that allows introducing a special legal regime for new products and services and conducting experiments (with certain restrictions) with their practical usage without violating the national law. The national program “The Digital Economy of the Russian Federation” sets the goal of the development of digital innovations and the corresponding legal regulation. The implementation of transnational strategies of digital development for the EAEU, the CIS, BRICS is considered as a new challenge to the common economic development.Materials and methods. The research is based on the national and international legal acts as well as on national and international strategies of economic development. Among the methods used are comparison, generalization, qualitative and descriptive analysis and case-study method.Results. The study has identified the main forms of regulatory experiments that are implemented in the modern practice of public regulation. The paper proves that the various forms of regulatory experiments (including regulatory sandboxes) are an effective instrument of regulation of the digital innovations. The authors have found the main pass through technologies that are the object of experimental regulation in international practice. The paper sets the criteria for a successful implementation of the concept of supranational regulatory sandboxes that are implemented in several jurisdictions simultaneously.Discussion and conclusion. The study described the main patterns of implementation of regulatory sandboxes for digital innovations; the main characteristics of the regulatory sandboxes’ design were revealed; the general economic activities that can be enhanced by the instrument of regulatory sandboxes for digital innovations were defined.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

scholarly journals Conceptual Bases of the Legal Regulation of Green Economy in Russia

2020 ◽  
Vol 5 ◽  
pp. 3-10
Author(s):  
Elena V. Novikova ◽  
Keyword(s):  
Renewable Energy Sources ◽  
Legal Regulation ◽  
Green Energy ◽  
Green Economy ◽  
Modern World ◽  
Legal Principles ◽  
Legal Enforcement ◽  
Urgent Task ◽  
Starting Point

In the modern world, sustainable development includes not only the transition to renewable energy sources, united by the concept of “green energy”, to on energy efficiency and resource conservation, but is already considered much more broadly, as the transition or restructuring to the “green economy”. It involves the development of adequate legal principles, regulatory methods, a new legal terminology, as well as the Concept of the development of “Green” law. The author poses this urgent task and substantiates the role of legal enforcement and support for the development of the “green economy”, which is especially important for Russia as a country is still at the starting point of transition. Otherwise, such countries will be threatened by environmental problems in the future against the backdrop of a loss in social economic and energy development.

scholarly journals Property, Property Solvency of Spouses and Their Joint Debts

Lex Russica ◽  
2021 ◽  
pp. 23-32
Author(s):  
O. Yu. Kosova
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Legal Regulation ◽  
Federal Law ◽  
Real Property ◽  
Structural Element ◽  
Scientific Publications ◽  
Property Relations ◽  
Legal Obligations ◽  
Category Property

In the Russian legal terminology, the term "property relations" is widely used. However, the category "property" in terms of its constituent elements, due to the absence of its legal definition in the Civil and Family Codes of the Russian Federation, is explained in different scientific contexts. In theory, debts are often named as one of the elements internally forming the property, along with things and property rights, and the relations of common property of spouses are no exception. The prospect of legalization of debts as a structural element of the property of spouses is considered in the draft Federal Law No. 835938-7 that proposes to make appropriate amendments to Art. 34 of the Civil Code of the RF IC, which gives rise to a special concern in identifying the legal nature of common debts. The solution to this problem determines the need to analyze the current legislation and scientific publications devoted to property relations, property rights and its objects. Due to the fact that the debts of the spouses represent unfulfilled civil legal obligations arising from participation in relations with the third parties, their merger with family legal property relations of the spouses’ property is unacceptable. Debts do not have the qualities of objects of property rights that cumulatively form the property belonging to spouses and existing in the common property regime. Thus, it cannot be added up from an asset and a liability. Regarding legal regulation of property relations, we only can compare, on the one hand, the totality of property objects belonging to spouses on the ground of common property and, on the other hand, the objects of execution of their common obligations with respect to creditors expressed in single value units. To indicate the result of the comparison, it is advisable to use the concept of "property solvency of spouses", which allows us to assess their property status for participation in civil transactions, their real property responsibility, as well as in ensuring the interests of creditors. In support of these conclusions, the author provides detailed arguments.

scholarly journals Custom as a Source of Legal Regulation of Property Relations in the Russian Federation

2021 ◽  
Vol 16 (6) ◽  
pp. 114-122
Author(s):  
Ya. N. Karavaeva
Keyword(s):  
Property Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
Property Relations ◽  
Self Defense ◽  
The Russian Federation ◽  
Subjective Rights ◽  
Peremptory Norms

The paper discusses the issue of the use of custom in the regulation of property relations. The author analyzes the possibility of determining the content of subjective property rights by customary legal norms, namely, such powers as the use and disposal. Attention is focused on the influence of customs on the formation of the owner’s discretion in the exercise of his subjective rights, in particular, the following questions are investigated: on what or on whom does this “discretion” depend? Is it possible that customs influence the formation of the discretion of a particular owner? Special attention is paid to the establishment of limits for the exercise of property rights under customary legal norms. According to the author, applying custom in the regulation of public relations, the owner of a property right does not go beyond the legal field, since custom is a source of law, and in this case one should speak of “discretion within the current legislation” and “discretion beyond it.” The paper concludes that customs can determine the content of subjective property rights, methods of protecting property rights, in particular self-defense issues, and are more often used in the regulation of real legal relations based on private ownership, while customs cannot contradict the peremptory norms. It is emphasized that a special role in the regulation of property relations is assigned to local customs.

scholarly journals MODERN LEGAL MEANS OF TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
pp. 36-40
Author(s):  
T. I. Begovа
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Economic Activities ◽  
Legal Form ◽  
Intellectual Activity ◽  
Economic Relations ◽  
Joint Activities ◽  
Legal Forms

For the development of the national economy, an effective system of legal support of relations is formed, which is formed as a result of transformation of intellectual activity results into innovative products and innovations, introduction of intellectual property rights into economic turnover. Given the expansion and complexity of ways to commercialize intellectual property rights in connection with the acquisition of these rights of various qualities, it is important to study not only the statutory agreements on the disposal of intellectual property rights, but also to develop other legal forms that mediate acts of transfer objects of intellectual property in the field of management. The purpose of the article is to refine the scientific and theoretical provisions on the legal forms of transfer of intellectual property rights in the field of management. The ways of involving intellectual property rights in the economic turnover within the framework of corporate, contractual, mortgage legal relations are revealed. It is established that the specificity of these relations leaves its mark on the legal forms of transfer of intellectual property rights. It has been found that with the complication of economic relations, the spheres and ways of involving intellectual property rights in economic turnover are expanding. Thus specificity of mechanisms of realization of the specified ways of transfer of the rights causes necessity of working out of the legal form adequate to this specificity. It is proved that economic and legal regulation of transfer of intellectual property rights does not provide proper definition and differentiation of legal forms of transfer of intellectual property rights in the organization and implementation of economic activities, which should take into account the broad economic potential of these rights. The study substantiates the types of legal forms of transfer of intellectual property rights in the field of management in the case of these rights as: contribution to the formation of the authorized capital of the business organization, contribution to joint activities (simple partnership); use as a subject of pledge and subsequent alienation of the pledged property right as a result of foreclosure on it. On this basis, a conclusion was made about the expediency of improving the economic and legal regulation of relations in the field of transfer of intellectual property rights in terms of normative definition of types of legal forms of transfer of these rights.

Legal regulation of property rights to another's property abroad

2021 ◽  
pp. 147-153
Author(s):  
K. Pitsyk
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Contract Law ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Economic Activities ◽  
Real Right ◽  
Legal Remedy

Purpose. The purpose of the article is to analyze the grounds and procedures of the emergence of property rights to another's property abroad, to identify its interconnectedness and interdependence. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: In business and other economic activities there are situations in which there is a need to use someone else's things or property. This possibility is more often satisfied by means of contract law. However, in some cases, the contract is not a reliable legal remedy to meet the need to use someone else's thing. After all, the contract can be terminated at any time unilaterally and the user of someone else's thing is forced to terminate such use. Therefore, there was a need to invent a more reliable remedy that would ensure the continuous and unhindered use of someone else's property or even property. Such a means was the consolidation of the real right to use someone else's thing. Scientific novelty. In the process of research is established that common characteristics of the institution of limited property rights to another's property abroad is that the subjects of rights to another's property may be those persons who may be subjects of civil rights, first of all, any natural and legal persons. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals Problems of Legal Regulation of Land and Property Relations in Russian Resorts

Lex Russica ◽  
2019 ◽  
pp. 148-160
Author(s):  
O. A. Romanova
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Local Population ◽  
Legal Regulation ◽  
State Ownership ◽  
Public Interests ◽  
Property Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

The paper is devoted to the consideration of current theoretical and practical issues of legal regulation of land and property relations in the territories of resorts in the Russian Federation. The relevance of the research topic is due to the imperfection of the current land and special legislation governing these relations, which leads to numerous violations of the legal regime of the land resorts, land and property rights of individuals and public interests, as evidenced by judicial practice. Based on retrospective analysis of land and environmental legislation of the Russian Federation, materials of law enforcement practice and scientific developments, the paper considers both theoretical problems of limiting the turnover of land within the territory of Russian resorts, and the problems of the application of legislation in practice, including in judicial practice. The author shows the inefficiency of the current legal regulation of land and property relations within the territory of resorts, the main reasons for the situation, the ways to improve land and special legislation in this area. It is concluded that the unjustified restriction of land turnover within the boundaries of the territories of resorts and the delimitation of state ownership of the relevant land, depending on the classification of the resort to Federal, regional and local significance, which prevents the development of these territories and violates the property rights of the local population and the owners of real estate. The problems of establishing the borders of districts and zones of sanitary (mountain-sanitary) protection of resorts in documents and when being identified on site are shown. The author justifies the conclusion about the need for development of a new scientific technique of definition of borders of the specified districts and zones and on its basis of revision of their existing borders that is necessary for establishment of reasonable restrictions of use and turnover of the parcels of land in borders of resorts is proved.

Implementaon of digital economy elements in electric power industry

2018 ◽  
Vol 11 (2) ◽  
pp. 94-102 ◽  
Author(s):  
A. G. Filimonov ◽  
N. D. Chichirova ◽  
A. A. Chichirov ◽  
A. A. Filimonovа
Keyword(s):  
Electric Power ◽  
Energy Production ◽  
Predictive Analytics ◽  
Digital Economy ◽  
Digital Transformation ◽  
Cloud Services ◽  
Small Scale ◽  
Economic Activities ◽  
Industrial Enterprises ◽  
Automation Systems

Energy generation, along with other sectors of Russia’s economy, is on the cusp of the era of digital transformation. Modern IT solutions ensure the transition of industrial enterprises from automation and computerization, which used to be the targets of the second half of the last century, to digital enterprise concept 4.0. The international record of technological and structural solutions in digitization may be used in Russia’s energy sector to the full extent. Specifics of implementation of such systems in different countries are only determined by the level of economic development of each particular state and the attitude of public authorities as related to the necessity of creating conditions for implementation of the same. It is shown that a strong legislative framework is created in Russia for transition to the digital economy, with research and applied developments available that are up to the international level. The following digital economy elements may be used today at enterprises for production of electrical and thermal energy: — dealing with large amounts of data (including operations exercised via cloud services and distributed data bases); — development of small scale distributed generation and its dispatching; — implementation of smart elements in both electric power and heat supply networks; — development of production process automation systems, remote monitoring and predictive analytics; 3D-modeling of parts and elements; real time mathematic simulation with feedback in the form of control actions; — creating centres for analytical processing of statistic data and accounting in financial and economic activities with business analytics functions, with expansion of communication networks and computing capacities. Examples are presented for implementation of smart systems in energy production and distribution. It is stated in the paper that state-of art information technologies are currently being implemented in Russia, new unique digital transformation projects are being launched in major energy companies. Yet, what is required is large-scale and thorough digitization and controllable energy production system as a multi-factor business process will provide the optimum combination of efficient economic activities, reliability and safety of power supply.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

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