Institutional and legal reforms aimed at increasing the export competitiveness of Russian goods and overcoming restraining restrictions

2019 ◽  
Author(s):  
Гульнара Ручкина ◽  
Gul'nara Ruchkina ◽  
Максим Демченко ◽  
Maksim Demchenko ◽  
Светлана Дахненко ◽  
...  

The monograph is based on the results of research of the scientific school of the Financial University under the Government of the Russian Federation "State regulation of entrepreneurial activity", carried out at the expense of budgetary funds under the state task of the Financial University under the Government of the Russian Federation for 2018. The article is devoted to the development of practical recommendations of institutional and legal nature aimed at improving the export competitiveness of Russian goods and overcoming restraining restrictions. Contains scientific and practical proposals aimed at improving the export competitiveness of goods of the Russian Federation; factor matrix, including a description of the legal, institutional and administrative barriers to the export of Russian industrial products; proposals to improve the system of export support in the Russian Federation, geographical and sectoral diversification of international trade and economic relations and proposals for the participation of the Russian Federation in the concept of "goods of the EAEU", taking into account the implementation of the project "Made in Russia". It is intended for teachers, students and anyone interested in improving the export competitiveness of Russian goods and overcoming constraints.

Author(s):  
Pavel Samolysov ◽  
◽  
◽  

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


2020 ◽  
Vol 11 (2) ◽  
pp. 677
Author(s):  
Vladimir E. USANOV

Relevance. The article is relevant since the recent events have revealed the illusory nature of democratic principles and the independence of private interests in the Russian Federation. The illusion of free choice and democratic procedures disappeared when public authorities declared a state of emergency or self-isolation regime (quarantine during the COVID-2019 pandemic) facing a force that exceeded the resources and capabilities of the government systems. Objective. The article aims at studying a new global model of expanding public law into the sphere of private interests due to strengthening the state regulation of public relations as a new management paradigm. The current model typical of many countries, in particular Russia, can be called a model of an actual emergency. The Russian Federation did not declare de jure state of emergency. Otherwise, public authorities would have to take on big obligations and be responsible for losses (damages, contract failures, suspended trading and production, downsizing, unemployment) of their citizens and businesses. Methods. The main research method was deduction used for studying the legal specifics of expanding public law into the sphere of private interests. The author of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of strengthening state regulation as a new management paradigm. Results. Analyzing the actual state of emergency experienced by most countries and considering the actions of the Russian authorities, the author claims that public law serves as the basis of public administration but invades the sphere of private interests. It begins to manage it in a state of emergency to preserve the existing state system and its integrity. As a result, private law ceases to be independent and must obey the rules of public law. At the same time, the democratic traditions and principles proclaimed in the Constitution and other laws, human rights and civil freedoms are instantly absorbed by public law and become a legal fiction for a certain time.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.


2019 ◽  
Vol 62 (2) ◽  
pp. 81-87
Author(s):  
Nadezhda A. Pavlyuchenkova ◽  
A. V. Krikova ◽  
E. A. Sakharitova

The article presents the results of analysis of condition of normative legal base regulating anti-tuberculosis care support in the Russian Federation and at the level a single subject of Federation (the Smolensk region). The significant alterations in legislation are emphasized related to means of prevention, diagnostic and chemotherapy of tuberculosis in modern conditions. The necessity of systematic monitoring of epidemiological situation with tuberculosis is demonstrated not only a national scale but also on the level of every region to provide a successful straggle with disease. The health care institutions fill in reporting forms of Federal statistical monitoring and forms of sectoral statistical accounting regulated by the Ministry of health of the Russian Federation. The main directions of state policy are determined concerning pharmaceutical support of particular groups of population, including state guarantee of medical care support of patients with tuberculosis. The economic aspects are considered related first of all to supporting of accessibility of pharmaceuticals purchasing by health care institutions and buying in directly by population. This is implemented by means of organization of financing of pharmaceutical support and state regulation of prices of pharmaceuticals included into list of vitally needed and most important pharmaceuticals that, according decree of the Government of the Russian Federation includes anti-tuberculosis medications. The analysis of characteristics of financing of ant-tuberculosis activities, including at the level of a single region, permitted to establish a number of problems during purchase of anti-tuberculosis medications encountered by subjects due to budget limitations. In particular, a significant financial load was established in particular regions related to purchasing anti-tuberculosis medications needed for treatment of tuberculosis with drug resistance of agent. The projects and programs regulated by legislative base implementing within the framework of struggle with tuberculosis in the Russian Federation and on the level of single subjects of Federation.


Author(s):  
Naina Yuryevna Bodrovtseva ◽  
Tatyana Alekseyevna Pantina

The article defines the improvement of main directions of state regulation of port dues system operating in the Russian Federation seaports, in order to ensure economic feasibility, openness and transparency in establishing rates of port dues in accordance with the Russian Federation legislation. Following the results of world and Russian practice analysis of establishment and levy of port dues in seaports the authors propose their division into two groups: dues of public legal nature and payment for services of civil nature, rendering in the port. Instead of eight types of dues, which are currently established in the Russian Federation seaports, it is proposed to establish two port dues: tonnage and infrastructure, in order to facilitate the administration of payments between payers and payees of port dues. The tonnage due will be a source of monetary funds for financing costs for maintenance and operation of the seaports infrastructure facilities, and infrastructure dues will be an extra-budgetary source of monetary funds allocated for modernization and development of port infrastructure owned by the Russian Federation, and transferred to state unitary enterprises in economic management. There have been developed the algorithm and the method of calculating tonnage dues and infrastructure dues. The proposed algorithm for establishing dues of tonnage and infrastructure dues is based on the conceptual approach, which determines, that a key criterion for assessing the adequacy of levied amounts of port dues is the level of the seaport competitiveness. The use of this approach allows to optimally allocate the burden of the port dues payment in the Russian Federation seaports, in order to ensure financing costs on the maintenance and operation of port infrastructure, as well as its development and modernization.


Author(s):  
Marina Alekseevna Yakovleva

The article analyzes the current system of currency regulation and control and reveals the structure of subjects of currency regulation and control. There have been proposed the changes necessary for adaptation to the conditions of the digital economy. There has been presented the scheme of the unified system of currency regulation and control, and defined its main elements. The retrospective illustrates the process of reforming currency control agencies and agents on the eve of Russia's transition to the digital economy. There have been revealed both current legal norms that determine the structure and functionality of subjects of currency regulation and control and bills related to the subject under study. The current state development program “Digital Economy of the Russian Federation” for 2017–2025 acting in the Russian Federation is found not to contain the procedure for state regulation of foreign exchange transactions in the digital economy and not to disclose the functionality of the regulatory authorities in the context of digitalization. The analysis of the work of Russian researchers, supplementing the theory and methodology of currency relations has been carried out. Currency regulation and control are studied from the perspective of the activities of the state bodies of the government, by means of administrative, legislative and organizational measures aimed at maintaining a stable external balance and sustainable economic growth. The concept and the nature of a smart contract is considered in detail, the principal differences (according to the criteria of the form, subject, settlements and fulfillment of other obligations of the transaction) of the smart contract from the foreign trade agreement in electronic form are given. There has been proposed the author’s vision of the future development of the subject structure of currency control and made an attempt to determine the direction of further reform


2021 ◽  
pp. 107
Author(s):  
Tatiana A. Polyakova

The article examines the legal nature of the institute of digital maturity. Being considered the legal grounds for the introduction and use of digital maturity indicators as part of digital transformation processes. The authors analyze the definitions of digital maturity given in the current legislation and scientific literature and outline the indicators of digital maturity. Based on the analysis of legal regulation and the legal nature of the digital maturity concept, the authors define it as the result (level) of the development of a particular subject, object, institution or development direction as part of the digital transformation implementation. This result is characterized by a certain general and special set of indicators (indicators). The article proposes to formalize this definition as part of a federal law or a decree of the Government of the Russian Federation. The analysis of the legal regulation of relations connected with the digital maturity provision indicates a clear lack of methodological support for these processes, the lack of a unified approach to understanding what digital maturity is, and what general and special indicators and criteria for their assessment should be used. The article concludes that, based on the existing legislation, it is often difficult to understand what requirements exist for a certain actor to ensure the digital maturity and how it is to be achieved. The future development of the concept of digital maturity will largely be based on the practical implementation of legally fixed models. In this regard, the authors believe that an instrumental means is carrying out the experiments on the official implementation of these indicators at the level of individual subjects, thus testing it and identifying a promising model for the digital maturity development. In the current situation, there exists a need for the development of the institute by assessing the practical implementation of digital maturity as part of digital transformation processes both at the federal and regional levels in the Russian Federation.


Author(s):  
I. V. Bashlakov-Nikolaev

The key aspects of the draft federal law “On the fundamentals of state regulation of prices (tariffs)” submitted by FAS Russia to the Government of the Russian Federation on June 8, 2021 following the discussion of this draft law by the working group on the implemen- tation of the “regulatory guillotine” mechanism were considered.This draft law is an attempt to form the general part of the tariff legislation of the Russian Federation.The article also discusses an alternative model for regulating issues related to the setting of prices (tariffs) — the codification of tariff legislation, which would take into account both general and specific or industry-specific components of tariff regulation.As the most preferable solution to the problems considered in the article, the author proposes the simultaneous codification of competitive and tariff regulation, the result of which should be the simultaneous adoption of the Competition Code and the Tariff Code of the Russian Federation.


2021 ◽  
Vol 17 (2) ◽  
pp. 84-89
Author(s):  
Oleg A. Stepanov

The aim of the study is to examine the results of the activities of scientists representing the theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation since its establishment in 1923 up to the present time. Particular attention is paid to the scientific activity of M. N. Gernet related to his research in the field of criminology and prison science and the results of the work of his followers. In the conclusion we present the periodization of the history of development of theoretical criminal law scientific school of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.


2020 ◽  
Vol 9 (28) ◽  
pp. 439-450
Author(s):  
Alexander Sergeevich Baleevskikh ◽  
Marat Mirsayafovich Galeev

In modern conditions of constantly arising global economic risks, which sharply affect the development of world commodity markets, the role of developing its non-resource exports is increasingly becoming more visible in strengthening the economy of the Russian Federation. This study poses a question and proposes a scenario for improving the country's balance of payments based on increase in Russian food exports. The importance and necessity of solving this issue is reflected in the Message of the President of the Russian Federation of February 20, 2019 and his instructions to the Government of the country. In this regard, the purpose of the study was to consider and forecast possible scenarios for the implementation of approved plans for the development of agricultural exports. Achieving this goal several interrelated tasks had been solved: 1) identifying the ratio of export and import of agricultural products in the Russian Federation; 2) analysis the structure of export agricultural products; 3) forecasting the real possibilities of achieving the target indicators for the export of agricultural products, as well as the processing and food industries; 4) the proposal of options for improving the system of state regulation of agricultural exports or its elements. The result of the study was the confirmation of hypothesis that state regulation of agricultural exports is, in general, effective.


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