scholarly journals Territorial Aspect of State Jurisdiction and Sovereignty in Cyberspace

Lex Russica ◽  
2019 ◽  
pp. 139-150 ◽  
Author(s):  
L. V. Terenteva

The paper raises the question of the possibility of applying the territorial principle of sovereignty and jurisdiction of the State in relation to cyberspace, as well as the possible rethinking and expansion of the concept of “territory of the State” through the inclusion of virtual spatial units that do not have the properties of geographical extent. The inclusion of cyberspace in the concept of “territory of the State” is conditioned by the fact that cyberspace as a sphere of realization of social, economic and political relations cannot be beyond the sovereignty and jurisdiction of the State. If, however, the supremacy of a state is established in relation to a spatial unit, that unit must be referred to the concept of “territory of the State”, the legal meaning of which is to designate the spatial sphere of competence of the State. The question of the possible inclusion of cyberspace in the concept of “territory” is further justified by the lack of static content of this concept, which at certain stages of historical development as a result of political, geographical, technological and other factors began to cover new spatial boundaries (air, space, continental shelf space, etc.). At the same time, with the development of cyberspace, not the concept of “territory of the State” itself evolves, the legal significance of which lies in the spatial limits of the full jurisdiction of the State, but only the content components of the territory through the inclusion of new spatial units that do not have a tangible, planar aspect. The author analyzes the normative approaches of Russia and the United States to the issues of outlining the spatial contour of the jurisdiction of States in cyberspace, as a result of which it is revealed that the initiatives of Russian law are more limited to the dominance of the technological approach, which consists in establishing territorial boundaries with respect to physically located on the territory of the State devices and equipment with which access to information is carried out. In contrast to the American approach, which legislates the establishment of jurisdiction over data on servers in foreign countries, the Russian law does not raise the question of the possibility of including in the spatial limit of jurisdiction of information resources oriented to the territory of Russia, access to which is supported by equipment located outside the territory of Russia.

2021 ◽  
pp. 61-72
Author(s):  
Alexandr Dobrodeev ◽  

The purpose of the article: the study of the roleand and meaningof cybersecurity at the present stage of world development as the main factor for ensuring national and international security of the 21st century. Research method: synthesis and scientific forecasting, peer review, comparative analysis of the cybersphere within the system approach. Results: the state and ways of developing cybersecurity of leading foreign countries on the example of the United States, the state and ways of developing cybersecurity and cybersecurity technology in the Russian Federation are presented with justification for discussion proposals on the disclosure of the term and the concept of “cybersecurity.”


2020 ◽  
Vol 11 (3) ◽  
pp. 563-583
Author(s):  
Оleg A. Kozhevnikov ◽  
◽  
Marina V. Chudinovskikh ◽  

The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.


Author(s):  
Olga Svyatoslavovna Belomyttseva

  The subject of this research is the effectiveness of individual investment accounts in the Russian Federation. The author analyzes the quarterly statistical data that reflect the dynamics funds of the citizens on individual investment accounts for the period from 2015 to 2019. The data on investments of the citizens in equities and corporate bonds is outlined. The advances the three hypotheses: that it is possible to establish the cost of attracting citizens' investments in equities through individual investment accounts from the perspective of the state; that B-type accounts are unpopular/ineffective; that it is necessary to reform the system of individual investment accounts. It is noted that unlike foreign countries, especially the United States, there is no research on the effectiveness of individual investment accounts in the Russian Federation. The author formulates the possible microeconomic and macroeconomic effects from implementation of individual investment accounts, including the increase in citizens ' savings and tax revenues, reduction of national debt, etc. The options for assessing the effectiveness of individual investment accounts are described. Calculation was conducted on the cost for attracting citizens’ savings within the framework of individual investment accounts from the perspective of the state based on the results of 2015-2018. Ineffectiveness of the B-type accounts and its causes are underlined. The flaws of individual investment accounts in the Russian Federation are identified. It is suggested to use individual investment accounts namely for stimulating citizens to invest in corporate securities, excluding the state and municipal securities from investment mechanisms in the context of individual investment accounts. The directions for future research are formulated.  


The article considers such a problem of the modern tax system of the country as evasion of tax liabilities in full or in part by business entities. The general idea of creating a simplified taxation system in Ukraine is considered. The positive tendency to increase tax revenues in comparison with 2019 and 2020 is described. The data on the number of small business entities in Ukraine are given. The most common methods of tax evasion are analyzed and the possible effect of tax evasion of taxpayers is analyzed in full of their obligations to pay the budget, and as a result, such actions of economic entities are assessed. Steps to improve this system of taxation by the state authorities, through the mandatory maintenance of registrars of settlement operations (RRO) and the abolition of the Books of income (and expenses) for a simplified system of taxation are considered. The focus is on the mandatory conduct of RRO for a simplified system and substantiates the emergence of possible small business waste in the "shadow", in order to keep the company at a decent competitive level. The conduct of penalties for non-use of RRO in its activities is generalized. The idea of abolishing the Accounting Books and the imperfection of the law for newly established enterprises was also considered. The legally established fact of transition to full electronic correspondence of business entities and representatives of controlling bodies is described. It is determined that the transition to electronic documentation is a good thing for the state to reduce bureaucracy in the country. An example of the fight against the shadow economy in the United States is given. The article suggests the ways to improve the tax system of Ukraine using the experience of foreign countries.


2021 ◽  
Vol 03 (08) ◽  
pp. 444-461
Author(s):  
Ahmed Safaa Souda Thamer AL-SAEED

The study was interested in identifying the nature of the various relations between Qatar and Bahrain ‎during the period 2017-2020, taking into account their roots, by studying the events and political ‎variables in these relations at regular intervals from the point of view of many academic, news and ‎media writings. The research adopted the inductive research method, which focused on referring to ‎what was written on this topic from contemporary books, research and published articles, and showing ‎the extent of their consistency or conflict in order to derive the results and present the topic correctly. ‎We also used the historical method, not primarily. The study reached a number of results, the most ‎important of which was that the relations were and still are tense, affected by the policy of the ‎concerned foreign countries and their international alliances with Turkey, Iran and the United States of ‎America, and the changes in the political conditions of the region with a difference in foreign trends and ‎the diplomatic tool in the face of these changes, especially the Qatari side, which I adopted soft power ‎as a diplomatic tool in dealing with the crisis with Bahrain and its allies in exchange for the blockade, ‎which was considered a means of pressure that had negative effects on humanity and the citizens of the ‎two countries. And the International Court of Justice to look into the nature of cases and political ‎differences, as well as the role of the media in bringing views or their dimensions and in alleviating the ‎severity or escalation of the crisis. Keywords: Borders, Arab Spring, protests, ‎interventions, relations, Qatar and ‎Bahrain, Gulf crisis ‎‎.


Author(s):  
J. Muzychka ◽  
O. Dadak

In the articles of the considered process of agrarian insurance in foreign countries. The essence of the concept of “agricultural insurance” and “agricultural insurance risk" is revealed. The history of development of agricultural insurance in the international market of insurance services is studied. There are several well-known national agricultural insurance systems and their characteristics. The national systems and participants of agrarian insurance in the countries of the world, namely: the United States of America, Canada, Spain, Portugal, Italy, Austria, France, Germany, Latvia and Poland are singled out. It is proved that in most countries of the world the importance of insurance of risks of agricultural production as an irreplaceable financial and economic lever of development of agriculture and economy of the countries is described. The most important measures that are provided and mandatory for the participants of the above-mentioned foreign national agricultural insurance systems are highlighted. Models of agricultural insurance in different countries are characterized by certain features: the state is an active participant in the agricultural insurance system; insurance is overwhelmingly voluntary; state policy in the field of insurance is characterized by structure and transparency; the state subsidizes both agricultural producers and insurance companies; Appropriate state institutions and appropriate levers of financial influence are created for the development and implementation of state policy in the field of agricultural insurance. Based on the experience of foreign countries, three main operating systems of agricultural insurance protection have been identified: the system of catastrophic coverage, the system of state administration of agricultural insurance programs, the system of cooperation between the state and insurance companies. It is noted that there is also an inefficient system of “state insurance company”, which sells agricultural insurance services. The main normative acts regulating the insurance process in Ukraine are described. It was proposed to introduce a new program of state support for agricultural insurance, which would clearly define: the subjects of the market of insurance of agricultural products with state support, insurance contracts, insurance rules, the mechanism for providing state support to farmers; information support of state support of agricultural insurance.


2004 ◽  
pp. 76-91
Author(s):  
B. Kheifets

Russia's financial requirements in respect to foreign countries have considerably lowered during recent years without noticeable return for the country's budget. Different assessments of the value of foreign financial assets are considered in the article and main reasons that have led to their lowering are revealed. The state policy in the field is critically analyzed, alternative variants of increasing the effectiveness of foreign financial assets realization are offered.


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