scholarly journals Regulation of Settlement Relations under Civil Law in the Context of Development of the Sharing Economy

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Social Relations ◽  
Rapid Development ◽  
Civil Law ◽  
Rapid Change ◽  
Legal Regulation ◽  
Sharing Economy ◽  
Goods And Services ◽  
Blockchain Technology ◽  
New Institutions ◽  
Modern Era

The modern era is characterized by a rapid change in social relations, the emergence of new institutions, which has become a consequence of rapid development of technologies, their penetration into everyday life. Nowadays, measures are being taken to develop the digital economy. At the same time, the society is experiencing crisis phenomena, environmental problems, which, consequently, leads to changes in the culture of consumption of available limited resources: in the economy there is a tendency to shift from a society of consumption (consumerism) to the sharing economy. Indeed, the idea of the economy of joint use of goods and services (sharing economy, peering economy) is not a new one in itself, but it has gained new impetus in the context of the development of modern technologies, digitalization of the economy, when the creation of uniform technological platforms and marketplaces facilitates the unification and connection of an unlimited number of strangers. All this determines the relevance of the study of the features of civil law regulation of relations associated with the implementation of settlements in connection with the performance of obligations under the contracts concluded in the context of the sharing economy, determination of the possibility of using blockchain technology in this field and peculiarities of the legal regulation of relations in connection with its application. The article highlights that, at the present stage, different models of contractual relations are formed to mediate relations existing in the sharing economy, within each of these models there are peculiarities of performance of obligations, while the model of the sharing economy gives the possibility of using the blockchain technology, but its use is complicated by the lack of proper legal regulation of the relations under consideration.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.

scholarly journals Modern financial and legal relations trends and economy digitalization

2021 ◽  
Vol 109 ◽  
pp. 01036
Author(s):  
Igor Semukhin ◽  
Svetlana Kolovaylo ◽  
Natalia Kravchenko
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Tax Avoidance ◽  
Legal Regulation ◽  
System Control ◽  
Public Authorities ◽  
Goods And Services ◽  
Commercial Activities ◽  
Banking Relationships ◽  
Tax Benefits

The article considers the trends in the development of financial and legal relations, which are caused by changes taking place in economic and social relations through the introduction of digital technologies. In conducting the study the authors analyzed the totality of currency, banking relationships, insurance relationships, budgetary legal relations and financial market relations. As a result of the study, the authors concluded that it is necessary to improve the mechanism of legal regulation of the use of such financial instruments as blockchain, cryptocurrency, etc., as well as the supervisory functions of the Bank of Russia credit bureaus in order to increase confidence in financial market participants.The authors also justify the need to introduce specific taxes (taxation on payments made for the purchase of goods and services over the Internet, or a tax on turnover from commercial activities on the world wide web) in order to prevent digital businesses from tax avoidance. An implication of the analyses is identifying tools that ensure a transparency of the budget system. Control approaches themselves have also been transformed. Thus, risk-based approaches have been used, as well as ratings of control objects by the level of reliability. It also requires further analysis of the regulatory tools that can be applied by public authorities, changes in the object and tax base, the procedure for collecting taxes, and possible tax benefits. The results can be used in further research to develop an effective legal mechanism for regulating financial and legal relations in modern economic condition.

Law in the Epoch of Digital Transformation: in Search of Solutions

2018 ◽  
pp. 4-11
Keyword(s):  
Social Relations ◽  
Technology Development ◽  
Technological Development ◽  
Rapid Development ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Effi Ciency ◽  
Russian Law ◽  
Integrated Response ◽  
Digital Processes

Humanity is becoming increasingly dependent on technologies. Their rapid development and expansion requires prompt and integrated response of all public institutions and defi nes one of the main challenges facing the law. To overcome them law requires new theoretical and practical solutions that determine the principles and patterns of technology development and impact the effi ciency of law enforcement in conditions of the world’s digital transformation. The article discusses some of the issues and features of development of the Russian law in the context of digital economy development. New approaches to legal regulation and understanding of digital processes are proposed, in particular, in such fi elds as robotics and artifi cial intelligence. While noting the fact that legal regulation of digital relations keeps up with the current level of technological development, the author warns on unreasonable «hyper-regulation». In his opinion in this fi eld of legal regulation priority should be given to measures of encouragement rather than measures of direct regulation of social relations. In conclusion, the author provides justifi cation for a model of «breakthrough» regulation in Russia.

The contradictions of the legal and religious regulation of public relations

10.12737/2140 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 299-309
Author(s):  
Павел Путилкин ◽  
Pavel Putilkin
Keyword(s):  
Public Relations ◽  
New Testament ◽  
Social Relations ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
The Bible

The article explores the contradictions of religious and legal regulation of social relations with the position of Orthodoxy. Revealed contradictions in criminal law, civil law, constitutional informational and other spheres of regulation. The current legislation is mapped with the Bible, New Testament, old Covenant. Special attention is paid to reasons of contradictions between law and religion.

scholarly journals THE PROBLEM OF MEANING OF LAW IN A DIGITAL SOCIETY

2020 ◽  
Vol 24 (3) ◽  
pp. 608-628
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Social Relations ◽  
Meaning Making ◽  
Rapid Development ◽  
Main Tool ◽  
Legal Regulation ◽  
Human Society ◽  
Semantic Approach ◽  
Digital Society ◽  
Wide Range ◽  
Being There

The article is devoted to the evolution of law in a digital society in a semantic approach. The rapid development of digital technologies is characterized by contradictory trends. The new technical and technological reality can be terminal for the development of society if people entrust themselves to a "digit" and will not reasonably and responsibly organize their social relations in terms of legal regulation. A more humane version is to consider digital models as a tool for solving social problems. In this way, law should acquire the quality of the main tool of such transformations and along with new functions; those functions are expert-analytical, forecasting, priority adaptation, standardization of technological control. The problem of meaning of law in a digital society can be attributed to most important problems. It covers a wide range of debatable issues: the relation-ship between the real and the virtual in law, consideration of artificial intelligence as a possible subject of law, distinction between truth and plausibility in law, se-miotic nature and methodology of cognizing the meaning of law in the world of signs, symbols, codes, etc. The purpose of the article is to formulate the author's view on the dynamics of the laws meaning in a digital society from the point of view of ontology, epistemology, methodology and applied aspect of knowledge. Research methods: formal legal, analysis, interpretation, forecasting, and modeling. The results of the study. In a digital society, law is being transformed into digital semiotic and augmented reality, with technology as an integral part of it. In these conditions, law, according to author, will preserve the regulatory and value potential for human society on condition that software machine codes are integrated into the human environment, and used to the benefit of a human being. There-fore, the traditional procedures of law-making, interpretation, concretization, application of law and dynamic meaning-making will remain relevant; by analogy with them, the software allowing to interact with the machine will be created and developed. The article arrives at the concludion that cognition of the meaning of law in a digital society rests in the search for the truth: law is a human reality and scientific and technological progress is evaluated in compliance with it.

SOME ASPECTS OF DETERMINING HOW TO PROTECT THE OWNERSHIP OF REAL ESTATE

2021 ◽  
Vol 11 (1) ◽  
pp. 243-264
Author(s):  
V.N. KOVAL
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Social Relations ◽  
Rapid Development ◽  
Correct Choice ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legitimate Interests ◽  
Special Rules ◽  
Business Entities

The issues of choosing and determining the best ways to protect property rights to real estate remain relevant at the present time, the constant and rapid development of social relations and legal norms that are a reaction to social changes. At the same time, the mechanisms of legal regulation are being transformed in a significant way in order to effectively restore violated rights. As a result of the described protsesses, a situation occurs when it is difficult to determine not only the norm to be applied, but also the methods of restoring the violated law and order in relation to a specific person. This article is devoted to the problem of determining the appropriate ways to protect the ownership of real estate, based on the analysis of the law enforcement practice of arbitration proceedings and doctrinal developments on this topic. The author, using the example of specific court decisions, presents the approaches of a law enforcement officer in assessing the correctness of the chosen methods of protecting rights. The work done in the course of the study makes it possible to assess the importance of the correct choice of the type of claim that should be applied to the competent authorities in the combination of certain circumstances, for the effectiveness of judicial protection, the role of the first instance court in helping the parties to determine the correct and effective method of protection in specific circumstances. violated or contested right. The paper considers examples of the practice of courts considering economic disputes, according to the types of methods for protecting the rights to real estate of business entities, public law entities and other participants in arbitration proceedings. In addition, the article analyzes general and special rules for choosing the appropriate ways to protect subjective rights and legitimate interests.

scholarly journals THE CONCEPT OF BUSINESS REPUTATION ON THE INTERNET: PROBLEMS OF DEFINITION IN THE LEGISLATION OF UKRAINE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Veronika N. Shkabaro ◽  
◽  
Tetiana �. Todoroshko ◽  
�lona �. Bila ◽  
◽  
...  
Keyword(s):  
Property Rights ◽  
Rapid Development ◽  
Civil Law ◽  
Case Law ◽  
Legal Regulation ◽  
The Internet ◽  
Scientific Article ◽  
Legal Entity ◽  
Definition Of ◽  
The Individual

This article is devoted to the study of the concept of business reputation on the Internet. The scientific article examines the legal nature of the concept of �business reputation�, defines regulations that contain the definition of �business reputation�, analyzes the case law to define the definition of �business reputation�. The article defines the general principles of protection of business reputation in the domestic legislation, establishes ways to protect business reputation on the Internet in accordance with national legislation and case law. The importance of business reputation for a legal entity as a criterion of successful professional, economic or other activity is analyzed, because the business reputation of a legal entity is the prestige of its brand (commercial) name, trademarks and other intangible assets among consumers of its goods and services. According to the analysis of the legislation and explanations of case law, the article generalizes that the definition of the content of goodwill depends on the nature of its subject. It is substantiated that the protection of business reputation is a particularly important institution of civil law, because it is a mechanism for restoring the violated non-property rights of the individual. The norms of civil law of Ukraine concerning the statute of limitations, which is used in cases of protection of the business reputation of a person and the procedure for calculating the statute of limitations, are studied. It is noted that in the Ukrainian legislation there is no single unified definition of business reputation of both individuals and legal entities. Attention is drawn to the fact that the civil legislation of Ukraine does not contain regulations on the protection of business reputation on the Internet, which is a significant shortcoming of the legal regulation of the state. Emphasis is placed on the nature of the studied concept, which is a moral and ethical category, a kind of evaluative institution of civil and commercial law. The conclusion on expediency of fixing of definition of business reputation in the Civil code of Ukraine for the purpose of streamlining of system of legal regulation, maintenance of standardization of legal categories is formulated. Business reputation is a non-property right of a person guaranteed by the Constitution of Ukraine, which provides for a public assessment of the business qualities of an individual, achievements in sociopolitical, public life, etc. For a legal entity, business reputation is a criterion of successful professional, economic or other activity. Protection of business reputation is a particularly important institution of civil law, because it is a mechanism for restoring the violated non-property rights of the individual. Nowadays, the issue of protection of business reputation is relevant due to violations on the Internet. Thus, the rapid development of information and telecommunications technologies has contributed not only to the emergence of new unlimited opportunities in the world wide web, but also to numerous violations of nonproperty rights of individuals, including business reputation.

Information Sharing for Manufacturing Supply Chain Management Based on Blockchain Technology

2020 ◽  
pp. 1-17 ◽  
Author(s):  
Kamalendu Pal
Keyword(s):  
Information System ◽  
Manufacturing Industry ◽  
Rapid Development ◽  
Security And Privacy ◽  
Full Potential ◽  
Enterprise Information ◽  
Goods And Services ◽  
Iot Applications ◽  
Blockchain Technology ◽  
Transaction Services

Internet of Things (IoT) and blockchain technology-based information system (IS) can be used to improve tracking of goods and services in offering and build a collaborative operating environment among the business-partners of the manufacturing industry. In this process IS architecture plays an important role in storing, processing, and distributing data. Despite contributing to the rapid development of IoT applications, the current IoT-centric architecture has led to a myriad of isolated data silos that hinder the full potential of holistic data-driven decision-support applications with the IoT because of technical issues (e.g., standalone IoT applications suffer from security and privacy-related problems). This chapter presents a proof of concept of a hybrid enterprise information system architecture, which consists of IoT-based applications and a blockchain-oriented distributed-ledger system to support-transaction services within a multiparty global manufacturing (e.g., textile and clothing business) network.

scholarly journals The Role of a Cryptocurrency in the System of Objects of Civil Law Rights

2020 ◽  
Vol 15 (1) ◽  
pp. 81-91 ◽  
Author(s):  
M. A. Yegorova ◽  
O. V. Kozhevina
Keyword(s):  
Social Relations ◽  
Essential Role ◽  
Civil Law ◽  
Civil Liability ◽  
Legal Regulation ◽  
Legal Regime ◽  
Virtual Objects ◽  
Distributed Ledger ◽  
Legitimate Interests

The article gives a brief analysis of the place of a cryptocurrency in the system of objects of civil law rights. According to the results of the study, the authors conclude that it is incorrect to equate legal regimes of the cryptocurrency with the legal regime of virtual objects. The authors consider it promising to regulate legal features of the distributed ledger and register objects of civil law rights in the distributed ledger. A cryptocurrency is a means of payment that has no independent value. Thus, the mechanism of performance of obligations needs special elaboration.It is also noted that in the legal regulation of any social relations an essential role is assigned to the mechanisms and guarantees of restoration of violated rights and legitimate interests. To this end, the cryptocurrency regulation is inextricably linked with the institution of civil liability. The cryptocurrency combines the features of many civil law rights, but does not fully correspond to any of them. The assignment of the cryptocurrency to other property is possible within the framework of the current legislation without creating new objects of civil law rights, which can lead to conflicts and disputes concerning their legal regime.

scholarly journals Technological Innovation in the Context of Transformation of Public Administration (Blockchain technology: implementation problems, advantages and disadvantages)

Economics ◽  
2021 ◽  
Vol 104 (6-9) ◽  
pp. 124-136
Author(s):  
Natalia Kandelaki Natalia Kandelaki
Keyword(s):  
Public Administration ◽  
Technological Innovation ◽  
Technology Implementation ◽  
Rapid Development ◽  
Digital Technologies ◽  
Legal Regulation ◽  
External Factors ◽  
National Agency ◽  
Advantages And Disadvantages ◽  
Blockchain Technology

The 21st century is characterized by the rapid development of digital technologies and their implementation in various fields. This process had a significant impact on governance and led to a paradigm shift in public administration. Today, effective public administration is unthinkable without e-governance. E-governance is a tool for sustainable development of public administration, ensuring the transformation of public administration through the use of modern digital technological innovations. The introduction of innovative e-governance solutions based on digital technologies is a serious problem for the country, both at the central and local levels. The article examines the global technological innovation - blockchain, analyzes the problems, advantages and disadvantages of its implementation, which is important for the formation of electronic governance as a new form of government. Internal and external factors influencing the development of e-governance in Georgia using blockchain technology are proposed. Internal factors - associated with an in-depth study of the blockchain system from a technological point of view. The biggest challenge in implementing a technology is realizing its real potential. In this regard, let us single out the architecture of technology and the problem of information security. External Factors - refers to the study of areas and issues that blockchain technology will affect. In this regard, let us highlight the issue of legal regulation. Georgia is one of the first countries in the world to implement blockchain technology. The technology was originally used to register real estate. In July 2020, a study was conducted by the National Agency of Public Registry (NAPR) to identify the advantages and disadvantages of using blockchain in this area. The research results are described in detail in the article. We believe that the introduction of blockchain into e-governance in Georgia gives us the opportunity to reduce bureaucracy, budget spending, corruption risks, improve the efficiency of public administration, and this is a prerequisite for taking a worthy place among innovative states. Keywords: Blockchain; innovative technologies, public administration, e-governance.

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