Financial and Legal Prospects for the Use of Government Bond Loans in Modern Conditions

2019 ◽  
Vol 10 (3) ◽  
pp. 971
Author(s):  
Irina M. ZHMURKO
Keyword(s):  
Legal Regulation ◽  
Government Bond ◽  
Public Authorities ◽  
Theoretical Concepts ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
General Rules ◽  
Legal Nature ◽  
Form Of Government ◽  
Late Performance

The purpose of the study is to identify positive aspects of expanding the use of government bond loans. The paper also focuses on theoretical concepts of the ratio of taxes and loans, analyzing the advantages and disadvantages of government bond loans to determine their impact on the decisions of the issuer and the investor. Consideration of foreign experience in the use of bond loans allows identifying common features and aspects to improve the legal regulation of this institution in Russia science and practice. The results of the research consist of summarizing the studied material and describing the prospects for the development and use of government loans as a tool of financial and legal policy. The experience of foreign countries proves that it is possible to determine the legal nature of a government bond loan through the prism of regulating a new institution – the issue obligation. Conclusion: it is advisable to adopt a normative legal act that would systematize the form of government debt, contain general rules for the use of certain types of borrowing and mechanisms for servicing and repayment of debt, and provide other guarantees, principles of compensation, ways to restructure debt obligations, as well as a mechanism for interaction of public authorities in this area with clear regulation of the powers of public authorities and sanctions for late performance or non-performance by the issuer of its obligations.  

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Advantages and disadvantages of smart-contracts as the basis for the emergence of ownership

2021 ◽  
pp. 101-105
Author(s):  
K. Nekit
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Third Party ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Technical Errors ◽  
Smart Contract ◽  
Legal Nature ◽  
Definition Of

The article examines the concepts, legal nature of smart contracts, as well as the advantages and disadvantages of smart contracts as a basis for ownership. The technical and legal aspect of the concept of smart contract is considered. Models of using smart contracts are described. Approaches to determining the legal nature of smart contracts are presented. It is concluded that two models must be considered when using smart contracts. The first model is external, when the program code does not replace the agreement, but only automates its execution. The second model is internal, when the code completely or partially replaces the terms of the agreement. Among the advantages of smart contracts as grounds for the emergence of property rights can be identified, first of all, the inability to change the terms of the contract and interference in its work. However, at the same time, this feature is a disadvantage of the smart contract, as it does not allow to take into account the objective circumstances that may affect the implementation of the agreement. The problem of oracles when using smart contracts is also considered. It is noted that the use of oracles actually means the involvement of a third party in the transaction with all the risks that arise from it. The problem of involving notaries and state registrars in transactions on acquisition of property rights on the basis of a smart contract is analyzed. The problems of lack of legal regulation of smart contracts, in particular, related to its transnational nature, is investigated. The problem of protection of the rights of the parties to the smart contract is analyzed, in particular, related to technical errors and outside interference. Temporary solutions regarding the use of smart contracts and general recommendations on the legislative definition of smart contracts are proposed.

scholarly journals Smart Contract: The Concept, Legal Nature, Features of Conclusion and Execution

Legal Concept ◽  
2019 ◽  
pp. 54-60
Author(s):  
Nizami Safarli
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Legal Nature ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Statutory Regulation

Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.

Defense of local autonomy in the Constitutional Court of Spain

2020 ◽  
Vol 29 (5) ◽  
pp. 89-111
Author(s):  
Evgeny Komlev
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Local Autonomy ◽  
Legal Doctrine ◽  
Public Authorities ◽  
Autonomous Communities ◽  
Advantages And Disadvantages ◽  
Formal Requirements

The article examines the procedure for considering complaints about violation of local autonomy in the Constitutional Court of Spain. The study is based on the analysis of legal regulation of such a category of cases as conflicts in defense of local autonomy and the relevant practice of the Constitutional Court of Spain. The aim of the study is to identify the features of Spanish procedure for protecting the local autonomy by means of constitutional justice, to determine the main advantages and disadvantages of the legal regulation of this procedure. As a result of the analysis, the author comes to the conclusion that the mechanism for defense of the local autonomy in the Constitutional Court of Spain is not free from significant drawbacks. Some of such drawbacks are mainly procedural, based on the relevant legal regulation (among them – excessive requirements for the municipalities or provinces in terms of the number of territorial entities authorized to lodge the complaint; the existence of some formal requirements that can be abolished without reduction in effectiveness of justice). Positions rooted in Spanish legislation and practice of the Constitutional Court of Spain regarding the place and role of local self-government bodies in the system of public authorities in some cases also have a negative impact on the limits of defense of the local autonomy. Such positions are often taken from German legal doctrine, but they are not always successfully adapted within the framework of the Spanish legal system. It seems that the drawbacks noted in the article do not allow to completely attain the aims for which local bodies were empowered to apply to the Constitutional Court of Spain. Among the advantages of the procedure for considering complaints about violation of local autonomy are the flexible approach of the legislator and the Constitutional Court of Spain to a number of issues; taking into account the historical and national (including linguistic) characteristics of Autonomous Communities; the interpretation of the disputed issues by the Constitutional Court of Spain mainly in favor of the applicants. The article formulates ideas regarding the possible improvement of the procedure for defense of the local autonomy in the Constitutional Court of Spain.

RUSSIAN FEDERATION CADAVERIC ORGAN DONORSHIP LEGAL REGULATION FEATURES

2019 ◽  
pp. 16-24
Author(s):  
Elena Mikhaylovna Nesterova
Keyword(s):  
Legal Regulation ◽  
Presumed Consent ◽  
Advantages And Disadvantages ◽  
Legitimate Interest ◽  
Foreign Countries ◽  
Study Experience ◽  
Cadaveric Organ ◽  
The Individual ◽  
The Right ◽  
Legal Mechanism

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.

scholarly journals Impact of atypical forms of employment on theoretical concepts of the labor relation (case study of the norms regulating distance labor)

2019 ◽  
pp. 108-117
Author(s):  
N. V. Chernykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Labor Relation ◽  
Legal Regulation ◽  
Theoretical Concepts ◽  
Domestic Science ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Distance Work

As the result of the active development of electronic (digital) technologies and the consequent change in the characteristics of labor as a social phenomenon the so-called atypical forms of employment emerged and spread. This trend is typical for both foreign countries and the Russian Federation. However, the lag in the legal regulation of atypical forms of employment in our country raises various problems of law enforcement. In turn, the need to understand the new properties of labor performed within the framework of atypical forms of employment, the analysis of the modification of classical features of labor relations developed by the domestic science of labor law represent the reason for the lack of the relevant legal regulation. The article attempts to trace such modification on the example of norms regulating distance work and enshrined in Chapter 49.1 of the Labor Code of the Russian Federation with due regard to the emerging practice of their application.

scholarly journals Licensing of Tourist Activity in Foreign Countries

2021 ◽  
pp. 87-97
Author(s):  
Olena CHERNIAK ◽  
Alla KIRYK
Keyword(s):  
Tourism Development ◽  
Legal Framework ◽  
Legal Regulation ◽  
State Regulation ◽  
Tourism Industry ◽  
State Agency ◽  
The European Union ◽  
Public Authorities ◽  
Foreign Countries ◽  
Travel Agencies

The tourism industry has been studied as one of the important components of the world economy. The place and role of licensing of tourist activity in the system of state regulation in the field of tourism are considered. The normative-legal regulation of licensing of tourist activity in Ukraine is analyzed. It is determined that the obligation to issue licenses for the right to conduct tour operators is assigned to the State Agency for Tourism Development of Ukraine (DART). The views of representatives of the tourism business on the abolition of licensing of travel agencies in Ukraine, which was carried out on the basis of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to Restrict State Regulation of Economic Activity». Modern approaches to the protection of the rights and legitimate interests of tourism market participants in some countries and in Ukraine are analyzed. The procedure for issuing licenses for tourism activities in such popular tourist countries as Italy, France, Great Britain, Turkey, Thailand, Japan and the UAE is considered. The legal regulation of tourism in the European Union is studied and the Directive (EU) № 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package tours and related travel organizations is analyzed, which aims to promote the proper functioning of the internal market and achieve the highest possible higher and equal level of protection of consumers of tourist services. It is determined which public authorities in foreign countries are responsible for state regulation of tourism. The types of licenses that can be obtained when opening travel agencies in foreign countries are considered. It is established that the procedure for obtaining a license differs from country to country and depends on a number of factors, including: models of public tourism management, development of the general legal framework, formation and structure of the tourism market, the presence of an association of tourism professionals. The improvement of state regulation of tourism development in Ukraine on the basis of international experience is analyzed. The directions of Ukraine which are directed on improvement of tourist sphere, namely introduction of the register of subjects of tourist activity are defined.

scholarly journals Legal Regulation of Cryptocurrency Emission and Allocation: Trends and Prospects

2020 ◽  
Vol 15 (6) ◽  
pp. 55-63 ◽  
Author(s):  
M. A. Egorova ◽  
A. V. Belitskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Philosophical Question ◽  
Foreign Countries ◽  
Legal Nature ◽  
The World ◽  
Recent Trends ◽  
The Russian Federation

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

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