scholarly journals THE FORM OF OWNERSHIP IN THE MODERN CONSTITUTIONAL ECONOMIC MODEL

Author(s):  
Владимир Мазаев ◽  
Vladimir Mazaev

23 years have passed since the adoption of the Constitution of the Russian Federation in 1993, but the question of the place and the role of the category of constitutional forms of ownership remains debatable. The article discusses the purpose of the form of ownership in the constitutional regulation of economic relations, an analysis of the main approaches to the evaluation of the legal significance of this category, argues that a formal stance on ownership’s nature gives a distorted view of the methods of legal influence on the economy. Despite the denial of the form of ownership’s ideological aspects in modern democratic constitutions this category has social elements. It is shown that an assessment of the constitutional form of ownership should be carried out by economic and social and legal aspects. Based on the texts of various states’ constitutions the analysis of the basic dimensions of the form of property exercise is undertaken, including also other aspects such as promoting advanced management methods, provisioning traditional economic structures and protecting particularly important property. The article demonstrates the interconnection of the constitutional form of ownership with organizational-legal forms of business. In this connection the nature and the purpose of the private and public forms of ownership are taken into account. Otherwise it is difficult to mark the necessary boundaries and ways of state participation in the economy. The conclusion defines that the constitutional ownership is an essential tool for building the optimal model of economy by means of supporting the most promising and traditional ways of economic management.

Author(s):  
Yakov Shrayberg

Traditionally, the annual report opens the World Professional Crimea Forum. Primarily, the speaker focuses on the concept of digital economy interpreted as the economic relations system based on the digital information and communication technologies. The Program “Digital economy of the Russian Federation” is reviewed. Several concepts, e. g. bitcoin and blockchain, Industry 4.0, New Internet, etc., are defined. The current problems of the Internet are examined, in particular, the lack of the single management and development center. The statistical data on the profile and involvement of the internet users is reported. Special attention is given to using Internet in Russia and the related problem of copyright in Russia and worldwide. The role of open access in building the knowledge environment and the role of the main contributors to the process, namely, publishers, libraries, educational institutions, are emphasized. Online education and accessible seamless education environment are specified as the main trends in education, The key vectors of developing knowledge content and its application in the digital environment are defined, these are: inclusiveness, artificial intelligence and green (sustainable) libraries, etc. The current situation in the global book market is evaluated on the basis of the results of the London Book Fair 2018. The project “The modern digital educational environment in the Russian Federation” is examined along with the projected results. The role of the National Electronic Library as the major innovative library project and the national information system is emphasized. The author concludes that the libraries of the future become an essential part of the national and global information infrastructure.


2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.


Author(s):  
М.С. Абрашкин ◽  
Н.С. Хорошавина ◽  
М.С. Гусаков

Сложившиеся условия развития предприятий ракетно-космического машиностроения требуют переосмысления эффективности их корпоративного управления, подходов к формированию советов директоров и обоснованию привлечения независимых директоров в их составах. Специфика отрасли требует трансформации функции целеполагания, усиления роли экономических результатов над общественными, которые при условии превалирования участия государства в акционерных капиталах выступают доминирующими. По результатам исследования 62 предприятий отрасли удалось установить изменение их организационно-правовых форм в сторону нарастания акционерных обществ, а анализ выборочной совокупности из них позволил установить закономерности в корпоративном управлении и концептуализировать предложения по его совершенствованию. The current conditions for the development of rocket and space engineering enterprises require a rethinking of the effectiveness of their corporate governance, approaches to the formation of Boards of Directors and the rationale for attracting independent directors in their composition. The specifics of the industry require the transformation of the goal-setting function, the strengthening of the role of economic results over public ones, which, given the prevalence of state participation in equity capital, are dominant. According to the results of the study of 62 enterprises in the industry, it was possible to establish a change in their organizational and legal forms towards the growth of joint-stock companies, and the analysis of a sample of them made it possible to establish patterns in corporate governance and conceptualize proposals for its improvement.


2021 ◽  
Vol 291 ◽  
pp. 02009
Author(s):  
Marina Shalyapina ◽  
Alexey Serbulov

The article explains the expediency of using the cross-cluster model for sustainable economic development of the exclave region of the Russian Federation. The authors of the article describe the strategy of “smart specialization” of the region and its differences from the principles of cluster development. Marina Shalyapina and Alexey Serbulov reveal the potential opportunities of Kaliningrad region, which are necessary for development and implementation of “smart specialization” strategy. The strategy is developed and implemented taking into account the current special legal regime of the special economic zone. The article substantiates the leading role of biomedical cluster in the formation of the cross-cluster model of economy. The authors point out the possibility to combine the competencies of the participants of economic relations at the intersection of industries and technologies. Unification of competencies of participants is carried out for the development of new industries and strengthening of the multiplicative effect of regional development.


2021 ◽  
Vol 30 (4) ◽  
pp. 155-171
Author(s):  
Mikhail Mityukov

The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional Court, such as the Court’s term in office, as well as its number of members, which greatly determined the effectiveness of the future “second” Constitutional Court of the 1993–1995 model and its internal structure. Filling the Constitutional Court’s six vacant seats as defined by the 1993 Constitution was not carried out by electing judges as in the previous legislation, but instead by appointing them to each of the chambers on the suggestion of the head of state. This predetermined an acute political struggle, primarily to establish the procedure for selecting candidates for judicial positions and determining the role of the president in each chamber of the Federal Assembly, the State Duma factions, legal institutions, and scientific communities of legal scholars. The independent “game” of each of these elements delayed the process of starting a functioning Constitutional Court for many months, but the democratic procedure for electing the courts’ heads allowed the issue to resolve without delay.


2012 ◽  
Vol 13 (1) ◽  
pp. 71-80 ◽  
Author(s):  
Tomas Kačerauskas

The article deals with the philosophical questions of creative economy. Appealing to J. Howkins, R. Florida and other theorists of creative economy, the author analyses such aspects of creative economy as the need for enterprise, obsession by consuming, fusion of labour and leisure, integrality of the activities, striving for individual autonomy and privacy. The response to economical changes and social challenges could be creativeness that emerges in certain social and economical environment. The author pays attention to legal aspects of creative economy and analyses the role of technologies in the creative society. The author also focuses on the contradictory aspect of the copyright and patent right in creative economy. By expressing the creators’ right to just reward copyright restricts creative communication while patent right expresses aspirations to privatize social property, including nature. The relations between technologies and creative economy refer to social changes, too. Firstly, economic relations could be treated as social technologies. Secondly, technologies (especially e-technologies) are the base of creative industries that ensure economical growth. Thirdly, technologies are indispensable to the consuming that both demands new products and generates the very economy. Santrauka Straipsnyje nagrinėjami kūrybos ekonomikos filosofiniai klausimai. Apeliuodamas į J. Howkinsą, R. Floridą ir kitus kūrybos ekonomikos teoretikus, autorius nagrinėja tokius kūrybos ekonomikos aspektus, kaip verslumo reikmė, vartojimo manija, darbo ir laisvalaikio susiliejimas, veiklų integralumas, individualios autonomijos ir privatumo siekis. Atsakas į ekonominius ir socialinius pokyčius galėtų būti kūrybingumas, kuris kyla tam tikroje socialinėje (ekonominėje) aplinkoje. Autorius atkreipia dėmesį į teisinius kūrybos ekonomikos aspektus ir analizuoja technologijų vaidmenį kūrybinėje visuomenėje. Pabrėžiamas autorių ir patentų teisės prieštaringumas kūrybos ekonomikoje. Išreikšdama kūrėjo teisę į teisingą atlygį, autorių teisė apriboja kūrybos komunikaciją, o patentų teisė išreiškia siekius privatizuoti visuomeninį turtą įskaitant gamtą. Technologijų ir kūrybos ekonomikos santykiai taip pat išreiškia visuomeninius pokyčius. Pirma, ekonominiai santykiai gali būti traktuojami kaip socialinės technologijos. Antra, technologijos (ypač e. technologijos) yra kūrybinių industrijų, užtikrinančių ekonominį augimą, pamatas. Trečia, technologijos neatsiejamos nuo vartojimo, kuris reikalauja naujų produktų ir generuoja pačią ekonomiką.


Legal Ukraine ◽  
2020 ◽  
pp. 28-34
Author(s):  
Oleh Ilkiv

The article analyzes the features of such a legal category as easement, namely the concept, content and characteristics of easement as a way of exercising property rights in terms of civil law of Ukraine and formulates proposals for improving the civil law regulation of easement. Emphasis is placed on the study of not only theoretical problems but also issues of a practical nature. The signs of servitude rights, the grounds for private and public interests are investigated. The legal aspects of the servitude are clarified, as well as the individual-normative character is monitored. Positions on concretization of the ratio of the terms «encumbrance» and «restriction» of property rights through the prism of the provisions of easement rights are substantiated. The author clearly concludes that the property right in the form of an easement gives the owner the opportunity to effectively use their property, and also provides the right to satisfy the intangible interests of others whose property right to another’s property is not related to property rights. In the conditions of development and domination of market relations in the society the question of creation of such legal forms which would provide a possibility of a certain participation of one person in the property right of another irrespective of simple personal consent of the last becomes actual. Due to the involvement of land in the civil turnover, the system of easements is a rather complex legal phenomenon. Scientific and theoretical analysis of the construction of easements, methods of their acquisition, the practice of application of relevant legislation indicates the relevance of this institution of property law, especially in the development of land and agrarian reform, the development of legislation on property rights to real estate. Key words: easement, ownership, property rights, limits and restrictions.


2021 ◽  
Author(s):  
Olga Ulyanina ◽  
Azalia Zinatullina ◽  
Elena Lyubka

The paper describes the theoretical, methodological and organizational and legal aspects of preventing the impact of the ideology of extremism and terrorism in the Russian Federation; the features of modern extremism and terrorism in Russia are outlined; analyzed the role of the global Internet in the spread of the ideology of terrorism. A system for the prevention of the ideology of extremism and terrorism in educational organizations has been developed and presented, which provides for a wide range of organizational and practical measures. The publication is addressed to administrators of education, teachers, educational psychologists of educational institutions of higher education.


2021 ◽  
Vol 19 (1) ◽  
pp. 32-43
Author(s):  
S.Yu. Serebrova ◽  
◽  
M.V. Zhuravleva ◽  
E.Yu. Demchenkova ◽  
G.I. Gorodetskaya ◽  
...  

The article deals with the current problems of the prevalence, diagnosis and treatment of acid-related disorders in children. The administrative and legal aspects of the state regulation of measures aimed at diagnosing Helicobacter pylori infection, procurement of drugs for its treatment in the Russian Federation are discussed. The article also focuses on the standards of treatment of H. pylori infection in children with regard to age restrictions for the administration of the recommended drugs. A detailed account of the mechanisms of the developing H. pylori resistance to modern antibacterial drugs is given. The above problems necessitate the use of highly effective and safe drugs with low H. pylori resistance and approved for administration in children. The article indicates the already established and hypothesised factors of the pathogen’s low resistance to bismuth preparations. The multifactor, predominantly local, pharmacodynamic effect of bismuth tripotassium dicitrate in children ≥ 4 years of age is described. Data on the clinical effectiveness and high safety of this compound in H. pylori eradication therapy in paediatric population are also presented. Key words: acid-related disorders, Helicobacter pylori, standards for diagnosis and treatment of H. pylori in children, antibiotic resistance, bismuth tripotassium dicitrat


Author(s):  
S. SOLODOVNIKOV

The article is devoted to the study of the content of subordinate and ordinational management. According to the results of the study, it was established that as the socio-economic relations caused by the objective transition from the traditional market economy based on the industrial technological structure to more developed forms of management become more complex, the importance of social capital and for subordinate management in economic systems increases. In addition, as social and technological progress progresses, there will inevitably be an increase in the role of ordinal economic management as compared to subordinate, as well as a significant increase in diversity in the forms of economic management.


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