scholarly journals Legal Barriers and Risks of Regional Economy Digitalization

Author(s):  
Vasily Yakhtin ◽  

The scientific article is dedicated to the study of existing regulatory and legal barriers that prevent the digitalization of the regional economy. The relevance of this study is determined by the need to create a favorable legal environment for the digitalization project development. In addition, the significance of the research topic is determined by the possible occurrence of national state interests’ threats. The general scientific research methods were used when writing the article, such as the analysis of normative legal acts, the study and generalization of information, classification. The article contains a conclusion about the current normative project activity trends of regional economy digitalization in the Russian Federation. By the end of 2019, less than half of the Russian Federation’s regions have developed economy digitalization programs. This fact is based on the lack of understanding of economy transformation concept among the authorities. Moreover, this situation is caused by the imperfectness of the methodological base. The article also identifies the “weak spots” of the domestic industry legislation that hinder the “digital economy” development and lead to the occurrence of threat to national state interests. Particular importance in the context of ensuring the national interests of the Russian Federation have legislative gaps on the use of citizens’ personal data as well as the information constituting state, banking, and medical secrets. The conducted research will allow participants of strategic planning at all levels of administration and subjects of law-making in the Russian Federation to form draft normative legal acts containing necessary provisions for the effective economy transformation in the context of digitalization.

2020 ◽  
Vol 18 (3) ◽  
pp. 429-445
Author(s):  
I.A. Artashinа ◽  
V.Yu. Dudina ◽  
Yu.N. Zhul'kova

Subject. This article considers the system of strategic planning documents as a scientific and practical basis for achieving the goal of improving the well-being of the population by increasing investment activity and the competitiveness of the regional economy. Objectives. The article aims to explore the possibilities and features of the application of marketing technologies in the effective management of the development of the Russian Federation constituent entities. Methods. For the study, we used the methods of general scientific and statistical research, content analysis, and data visualization techniques. Results. The article presents a brief analytical overview of strategic planning documents and analysis of the possibilities of using modern marketing tools. The article also highlights the use of marketing to improve the competitiveness of a particular area, taking into account the experience of leader regions. Conclusions. Modern strategic documents regulating the development of regions have some contradictions in terms of the characteristics of the state of the Russian Federation subjects concerning various indicators of development. The problems and practicalities of addressing them need to be more clearly identified. The results of the study can be used by regional and municipal authorities to develop plans to improve the strategic management of the areas' development.


10.12737/7547 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Анна Каширкина ◽  
Anna Kashirkina ◽  
Андрей Морозов ◽  
Andrey Morozov

In the scientific article discusses issues related to the nature, the main characteristics and features of international acts of recommendation. Analyzes the legal problems arising from the application of international recommendation acts in contemporary international relations. Explores the role of international organizations in the development of various acts of recommendation. Substantiates the growing influence of international acts on the recommendation of the legal system, including the Russian Federation. Contains proposals for the establishment of an effective mechanism for the use of international acts of recommendation, taking into account the legal system of the Russian Federation, its constitutional principles and the protection of national interests.


Legal Concept ◽  
2020 ◽  
pp. 57-63
Author(s):  
Yuri Franciforov ◽  
Vladimir Shinkaruk

Introduction: extremism in the Russian Federation is opposed by the principle of ideological and political diversity, which determines the democratic principles of Russia, since it is a federal, legal, social state with a Republican form of government. The democratic type of this state expresses the idea of recognizing a multiethnic people as the source of power within the entire territory of the Russian Federation (Part 1 of Article 3 of the Constitution of the Russian Federation), in which the individual ideologies cannot be established as state or mandatory for its citizens. This is due to the creation of a balanced social and national consent, since the national interests of Russia represent the totality of the main interests of the individual, society and the state. The legislator prohibits the functioning of public associations whose efforts are caused by a violent change in the constitutional order and violation of its territorial unity, related to an attack on public security, since they are caused by the criminal liability of persons for committing crimes related to terrorism, separatism and extremism. The purpose of the study: to develop recommendations for improving the efficiency of the investigation of extremist crimes, implementing measures to tighten the criminal law policy, and enhancing the international and domestic cooperation of the investigative subjects aimed at preventing and further minimizing of the consequences of extremism. The research objectives: to characterize the features of pre-trial proceedings during the investigation of crimes of extremism; to offer recommendations for improving the efficiency of investigations of extremist crimes. Methods: the methodological framework for this research is a number of methods of scientific knowledge, as well as such general scientific research methods as dialectical, logical, system, structural and functional ones; including such specific scientific methods as comparative law and formal legal, and others. Results: in the paper, the authors determine that when investigating a crime of extremism, the main task is to determine whether the suspects have actions to incite hatred or enmity, as well as to humiliate human dignity on the grounds of gender, race, nationality, language, origin, attitude to religion or belonging to a social group. To solve these tasks, the searches and seizures are made in homes, the telephone and other conversations are monitored and recorded, the information about connections between subscribers and subscriber devices is obtained, the correspondence is seized, and its inspection and seizure in the communication institutions are allowed which is aimed at collecting, checking and evaluating the existing evidence of extremist activity. Conclusions: the measures to improve the effectiveness of crime investigation have been identified: the placing of extremist crimes under the jurisdiction of the Investigative Committee of the Russian Federation and the Federal Security Service of the Russian Federation; the interaction at the interstate level of the investigators of the Russian Federation with the investigators of foreign states on the issues of legal assistance, on requests in connection with the ongoing investigations and measures to overcome counteraction to the investigation of extremist crimes.


2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.


Author(s):  
Екатерина Викторовна Глебова

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.


Author(s):  
Anna Aleksandrovna Bakulina

This article explores the vulnerabilities of Russia in the digital environment, as well as such phenomena of modern digital economy as cryptocurrencies, blockchain, big data, artificial intelligence, and robotics. The question is raised on the risks that humanity faces in the digital space, which entail the implementation of the latest technologies in society. The author offers the ways for their minimization. The article covers the project “Digital Economy” developed by the Government of the Russian Federation, which is intended for creation of sustainable and secure information and telecommunications infrastructure for high-speed transmission, processing and storage of data bulk, accessible to all organizations and households. Analysis is conducted on the modern enterprise in the sphere of information and communication technologies and the concept on the protection against personal data theft. The crucial role of the IT specialists in digitalization is highlighted. The conclusion is made that in digital space, the major threat to national security is the hacker attacks aimed at the theft of personal data, intellectual property, etc. The author believes that the minimization of risks detected in the course of research requires providing technology opportunity for the Russian Federation to store the collected data locally, rather than abroad. The all-round government influence on the research and legislative sphere, legislative orientation towards stimulating the development of innovation technologies would ensure safe and effective integration of socioeconomic sphere into the digital space.


2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.


Author(s):  
Alexander Fedyunin

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.


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