scholarly journals Environmental entrepreneurship as a type of social entrepreneurship

2020 ◽  
Vol 164 ◽  
pp. 11026
Author(s):  
Ulyana Filatova
Keyword(s):  
Basic Principle ◽  
Social Entrepreneurship ◽  
Economic Activity ◽  
Legal Regulation ◽  
Environmental Organization ◽  
Legal Method

The article considers main problems of defining environmental entrepreneurship primarily as a legal phenomenon. The aim of the article is to search for meanings and mechanisms for understanding the legal category of "environmental entrepreneurship", to identify its content, to characterize subjects and to outline main directions of development of legislation governing environmental and entrepreneurial relations. The leading approach to the study of this problem is dialectics, analysis, synthesis, deduction, formal legal method and comparative legal method. Conclusions: The analysis can contribute to creation of developed environmental-entrepreneurial relations in Russia, which is achieved by building a verified conceptual and categorical apparatus, determining the model of legal regulation. The mechanisms of legal regulation require creation of special law and establishment of principle of priority of environmental organization of economic activity as the basic principle of entrepreneurship in general and determinant of legal regulation of environmental entrepreneurship in particular.

scholarly journals Ecology-oriented social entrepreneurship: analysis of waste management legal regulation in Russia

2021 ◽  
Vol 937 (4) ◽  
pp. 042050
Author(s):  
U Filatova ◽  
O Gorbach
Keyword(s):  
Waste Management ◽  
Social Entrepreneurship ◽  
Management System ◽  
Legal Regulation ◽  
Waste Recycling ◽  
Entrepreneurial Activity ◽  
Waste Management System ◽  
Legal Method ◽  
Reported Study ◽  
The Creation

Abstract The article deals with the main issues of municipal and industrial waste management legal regulation. The authors substantiate the idea that waste management entrepreneurs are environmental entrepreneurs, which in turn belong to social entrepreneurship. The relevance of legal research on the regulation of environmental-oriented social entrepreneurship lies in the fact that the system of legal regulation of environmental entrepreneurship has not been formed. Moreover, environmental entrepreneurship is not classified as social entrepreneurship. The purpose of the article is to substantiate the concept according to which entrepreneurial activity in the field of waste recycling and environmental protection should be considered through the prism of social entrepreneurship. The leading approach is dialectics, analysis, synthesis, deduction, formal legal method and comparative legal method. Conclusions: The performed analysis can contribute to the creation of developed environmental-entrepreneurial relations in Russia, which is achieved by building a verified conceptual and categorical apparatus, defining a model of legal regulation. Legislative regulation related to waste management is new, unsystematic, declarative and sometimes contradictory. To implement an effective waste management system, it is necessary to create an open and understandable waste management system, where citizens, legal entities and government bodies will be involved and motivated for its implementation. It is required to exclude the creation of intermediate links, such as regional operators, since their existence only causes a negative reaction from society. Acknowledgments: The reported study was funded by RFBR, project number 20-011-00222.

THE BASIS OF ACTIVE ECONOMIC ACTIVITIES LEGAL REGULATION: APPLICATION OF THE ANALOGY METHOD

2021 ◽  
Vol 3 (3) ◽  
pp. 257-275
Author(s):  
V.P. Vaskevich
Keyword(s):  
Economic Activity ◽  
Professional Sports ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Business Law ◽  
Economic Activities ◽  
Dialectical Logic ◽  
Basic Principles ◽  
Analogy Method ◽  
Legal Method

Introduction: the article explores the application of the analogy method in the process of analyzing the basic principles of active economic activity legal regulation. Purpose: to show the possibilities of the analogy method in civil studies, in particular, in the process of analyzing the principles of business law and their application in the active economic activity legal regulation, identifying problems arising among scientists and legal practitioners related to determining the content of these principles. Methods: analogies in jurisprudence, theoretical methods of formal and dialectical logic, deduction and induction method, empirical comparison methods, descriptions, comparative legal method. Results: the analysis of the business law principles using the method of analogy made it possible to ascertain their features in the legal regulation of active economic activity, including the field of professional sports. Conclusions: it was established that these principles are applicable as general principles of active economic activity legal regulation. Entrepreneurial activity is the main type of active economic activity and is currently the most normatively regulated. However, the existing variety of active economic activity forms confirms that not all generally accepted principles of business law are fully applicable to the regulation of active economic activity or can be used with considering a number of features.

Growth of Socio-Entrepreneurship Role of Universities in Economic and Legal Space of Russia: Issues of Theory and Practice

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 876
Author(s):  
Aleksey V. BARKOV ◽  
Yana S. GRISHINA ◽  
Yulia G. LESKOVA ◽  
Olga A. SEROVA
Keyword(s):  
Social Entrepreneurship ◽  
Legal Status ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Model ◽  
Legal Space ◽  
Legislative Activities

Topicality of the studied problem is caused by the goal of formation of the legal model for participation of Universities in innovational entrepreneurship and growth of their socio-entrepreneurship role in economic and legal space of Russia. The purpose of the research consists in determining the peculiarities of the legal status of University in Russia, which combines three missions: educational, research, and entrepreneurial, which are related to social entrepreneurship. The scientific methods used in this research include analysis, synthesis, comparison, generalization, rather-legal method, and method of literal and systemic interpretation of the norms of law. Results: the study presents the authors’ offers for successful realization of the project ‘Universities as centers for space of innovations’, conducted in Russia, which includes the conclusions on change of the civil and legal status of Universities and minimization of commercialization in their activities. The materials of the paper have practical value for specialists in the sphere of economic and law and persons who conduct scientific research in the sphere of legal regulation of Universities’ activities, as well as persons involved in legislative activities.

Activity of public control entities and development of distributed computing and distributed data storage systems

2018 ◽  
pp. 14-22
Author(s):  
D. V. Gribanov
Keyword(s):  
Distributed Computing ◽  
Data Storage ◽  
Storage Systems ◽  
Legal Regulation ◽  
Distributed Data ◽  
Distributed Data Storage ◽  
Public Control ◽  
Blockchain Technology ◽  
Legal Method ◽  
Digital Assets

Introduction. This article is devoted to legal regulation of digital assets turnover, utilization possibilities of distributed computing and distributed data storage systems in activities of public authorities and entities of public control. The author notes that some national and foreign scientists who study a “blockchain” technology (distributed computing and distributed data storage systems) emphasize its usefulness in different activities. Data validation procedure of digital transactions, legal regulation of creation, issuance and turnover of digital assets need further attention.Materials and methods. The research is based on common scientific (analysis, analogy, comparing) and particular methods of cognition of legal phenomena and processes (a method of interpretation of legal rules, a technical legal method, a formal legal method and a formal logical one).Results of the study. The author conducted an analysis which resulted in finding some advantages of the use of the “blockchain” technology in the sphere of public control which are as follows: a particular validation system; data that once were entered in the system of distributed data storage cannot be erased or forged; absolute transparency of succession of actions while exercising governing powers; automatic repeat of recurring actions. The need of fivefold validation of exercising governing powers is substantiated. The author stresses that the fivefold validation shall ensure complex control over exercising of powers by the civil society, the entities of public control and the Russian Federation as a federal state holding sovereignty over its territory. The author has also conducted a brief analysis of judicial decisions concerning digital transactions.Discussion and conclusion. The use of the distributed data storage system makes it easier to exercise control due to the decrease of risks of forge, replacement or termination of data. The author suggests defining digital transaction not only as some actions with digital assets, but also as actions toward modification and addition of information about legal facts with a purpose of its establishment in the systems of distributed data storage. The author suggests using the systems of distributed data storage for independent validation of information about activities of the bodies of state authority. In the author’s opinion, application of the “blockchain” technology may result not only in the increase of efficiency of public control, but also in the creation of a new form of public control – automatic control. It is concluded there is no legislation basis for regulation of legal relations concerning distributed data storage today.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Some Issues in the Work of Probation Inspectorates Related to the Execution of Sentences in the Form of Correctional Labor

2021 ◽  
Vol 15 (1) ◽  
pp. 185-193
Author(s):  
LEONID N. TARABUEV
Keyword(s):  
Current Practice ◽  
Legal Regulation ◽  
Expert Assessment ◽  
Work Related ◽  
Legal Method ◽  
Knowledge Questionnaire ◽  
Regional State ◽  
Tax Benefits ◽  
Legal Mechanism ◽  
Official Data

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor. Keywords: probation inspectorate; correctional labor; convict; engagement in labor; quotas; tax benefits; interaction.

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