scholarly journals RE-Domiciliation to Russia: The Study of Legal and Psychological Motivations

Lex Russica ◽  
2021 ◽  
pp. 9-20
Author(s):  
A. S. Konduktorov
Keyword(s):  
Russian Federation ◽  
Negative Attitude ◽  
Entrepreneurial Activity ◽  
Domestic Economy ◽  
Sociological Study ◽  
Legal Regime ◽  
Domestic Jurisdiction ◽  
The Russian Federation ◽  
The Stability ◽  
The One

The paper was prepared based on the materials of a sociological study conducted by the author in order to reveal the attitude of respondents to the organizational measures and legal innovations implemented by the Russian Federation aimed at the re-domiciliation of organizations registered offshore to the Russian jurisdiction, as well as the return of their assets to the domestic economy. The objective of this work is to determine the proportion of respondents who agree to the implementation of re-domiciliation in the Russian Federation on the terms proposed by the legislator, reasons preventing re-domiciliation, factors that increase the interest in “moving business” from offshore zones to the Russian Federation. As a result, the author determines that the organizational and legal conditions for re-domiciliation are acceptable for almost half of the respondents. At the same time, the one-fifth of the respondents evaluate the prospect of re-domiciliation to the domestic jurisdiction as inappropriate, since in principle they do not trust the Russian Federation and do not want to accumulate assets on its territory regardless of the attractiveness of the proposed conditions. The results of the survey held among respondents planning to engage in entrepreneurial activity (to do business) in the future showed that this group of survey participants demonstrates a more negative attitude towards the use of offshore jurisdictions (compared to other categories of respondents) and generally perceive as attractive the idea of re-domiciliation in the Russian Federation. The most significant obstacle to re-domiciliation is formed due to the uncertainty among the research participants in the stability of Russian legislation, which poses the task before the State and the scientific community to develop legal safeguards concerning the invariability of the legal regime of entities re-domiciled in the Russian Federation. The attitude of the respondents to the ongoing change in the agreements concerning avoidance of double taxation concluded by the Russian Federation with foreign states demonstrates a surprising outcome of the survey: these agreements’ revision acts as a demotivating factor. 

scholarly journals Budget Regulation as a Key Area of Public Financial Activity

Lex Russica ◽  
2021 ◽  
pp. 68-78
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Management Tool ◽  
Federal State ◽  
Financial Activity ◽  
The Russian Federation ◽  
Legal Forms ◽  
Economic Balance ◽  
The Stability ◽  
The One

The paper is devoted to the consideration of issues related to the value of the legal mechanism of budgetary regulation for the management of economic and social processes in a modern innovative society. The conceptual basis of the study was formed by the regularities of distributive financial relations that are objective in nature. Acting with the help of the rules of law regulating financial relations, the federal state through its public apparatus, on the one hand, regulates these relations, and on the other hand, forms, on the basis of these relations, financial and legal regulatory mechanisms for managing society as a whole. It has been established that the finance (the financial system), public financial activity and financial law constitute interrelated and interdependent elements of a uniform system that determines the distribution of gross domestic product in the state. For public financial activities aimed at distribution and redistribution of funds within the budgetary system of the Russian Federation, the mechanism of budget regulation governed by the rules of financial law is of key importance. In the course of the study, the author highlights various features of distributive financial relations in a federal state, examines approaches to the characterization of public financial activity, focuses on aspects of the concept of "budget regulation", and analyzes the significance of this mechanism for maintaining the stability of a federal state. The author concludes that groupings of financial law norms regulating certain types of homogeneous interbudgetary public relations associated with the distribution and redistribution of funds within the budgetary system of the Russian Federation constitute separate legal forms (methods) of budgetary regulation subdivided into primary and secondary forms (methods). It is concluded that in an innovative society, budget regulation is of key importance in the process of public financing, de facto performing the role of a universal management tool that ensures a socio-economic balance in the society.

scholarly journals Hamburg–Saint Petersburg, Sanit Petersburg–Nice: Scenarios for the stability of twinning under stress

2021 ◽  
pp. 49-61
Author(s):  
Erik Vlaemnick ◽  
Olga Pustoshinskaya
Keyword(s):  
Global Health ◽  
Russian Federation ◽  
The Other ◽  
The West ◽  
Health Crisis ◽  
Representative Case ◽  
Saint Petersburg ◽  
The Russian Federation ◽  
The Stability ◽  
The One

Against the background of the global COVID-19 pandemic and ongoing geopolitical tensions between the Russian Federation and the West, this chapter engages with the dynamics of European-Russia city diplomacy in times of crisis. By means of two representative case studies of existing twinning cities, namely Hamburg–Saint Petersburg on the one hand, and Nice–Saint Petersburg on the other, this chapter explores the evolution of twinning relations during the politically sensitive times. While paying attention to the legal bases and the historic evolution of selected cases of city cooperation, the authors identify major tendencies as well as opportunities in the field of city twinning and engage with the so-called digital turn in city diplomacy which has manifested itself since the start of the global health crisis in early 2020.

scholarly journals SOME PROBLEMS OF ENSURING THE PROTECTION OF ATTORNEY-CLIENT PRIVILEGE IN THE CRIMINAL PROCESS OF RUSSIA AND BELARUS

2018 ◽  
pp. 41-43
Author(s):  
E.V. Ezhova
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Republic ◽  
The One ◽  
The Right

The article deals with the basic guarantees of protection of attorney-client confidentiality in criminal proceedings. A comparative analysis of the legislative norms of the Russian Federation and the Republic of Belarus regulating the legal regime of attorney-client confidentiality is carried out. The article presents the legal positions of the constitutional Court of the Russian Federation on the issue under consideration, which contributed to the amendments to the criminal procedure law of Russia aimed at providing additional guarantees for the protection of attorney-client confidentiality. The author concludes that the practice of application of the rules containing guarantees of protection of attorney-client confidentiality testifies, on the one hand, to the need to strengthen the protection of citizens' rights to ensure the confidentiality of information provided to the lawyer, and, on the other hand, to the importance of preventing abuse of the right to protection by lawyers and their clients

scholarly journals Fiscal Decentralization and Incentives of Local Authorities in the Russian Federation

2021 ◽  
Vol 13 (2) ◽  
pp. 114-129
Author(s):  
Vladislav V. Bukharsky
Keyword(s):  
Russian Federation ◽  
Fiscal Decentralization ◽  
Conclusive Evidence ◽  
Entrepreneurial Activity ◽  
Local Authorities ◽  
The Russian Federation ◽  
The Stability ◽  
Regional Product ◽  
Taxation System ◽  
The Impact

This article examines the impact of intraregional fiscal decentralization on fiscal incentives for local governments in the Russian Federation. It is expected that decentralization contributes to the economic development of territories through two channels: 1) a higher level of budgetary (tax) decentralization gives more opportunities to local authorities to realize the economic potential of the territory; 2) stable decentralization of revenue sources preserves incentives for local authorities to realize such opportunities. In comparison with the widespread approach to measuring these incentives in terms of gross regional product, the author uses indicators of entrepreneurship, the development of which is mostly within the competence of local authorities. As a measure and stability of decentralization, the norms for deducting revenues to local budgets are used. No clear and conclusive evidence of the impact of decentralization is found: due to the low financial security of subnational budgets overall, the transfer of standards can rather be understood as financial assistance to the lower budget, in particular because the size of the average transferred standard grows with the level of subsidies in the region. At the same time, there are certain positive results: the very fact of the transfer of the revenues levied in connection with the application of the simplified taxation system is accompanied by an increase in entrepreneurial activity in the region. A similar effect is exerted by the stability of the revenues on personal income tax and corporate property tax. In general, it can also be pointed out that local authorities have low indicators of the level and stability (rigidity) of budget decentralization.

scholarly journals Manifestation of Resistance in Constitutional Law (the Case Study of Decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights)

2020 ◽  
Vol 20 (4) ◽  
pp. 478-481
Author(s):  
Pavel A. Panteleev ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Real Life ◽  
Constitutional Court ◽  
European Court ◽  
The Russian Federation ◽  
Majority Groups ◽  
The Stability ◽  
The One ◽  
International Character

Introduction. The article is devoted to the analysis of conflicts between the interpretation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the context of a particular problem and how the resistance of national legislation to acts of an international character is manifested. Theoretical analysis. The article deals with decisions concerning the promotion of information about homosexual preferences to minors, which, in the opinion of the Constitutional Court, may harm their development. The European Court considers that this restriction is a kind of violation of the rights and freedoms of sexual minorities. Also, a resolution was adopted, according to which the provisions of the Constitution of the Russian Federation are priority in relation to acts of an international character. In this regard, the Constitutional Court in its response decision declared it impossible to implement the decision of the European Court of Human Rights to award compensation by the Russian Federation to the YUKOS company. Conclutions. The following conclusions are presented. Despite the opinion of the European Court of Human Rights, the Constitutional Court of the Russian Federation, in its decisions, seeks to achieve a compromise between the interests of the majority groups of the country’s population and private individual preferences, as well as a dialogue with the international court of justice on the principle of equal partnership. These components are the basis for the stability of our legislation and our values, since, on the one hand, it does not allow harmful acts of a normative nature to penetrate and take hold, and, on the other hand, it preserves the democratic essence of Russian law. To implement the above in real life, we recommend the following: 1) adhere to and seek a balance between different systems of values, 2) justify at the level of theory and introduce into legal practice the doctrine of the constitutional identity of the country, based on the interpretation of the basic values of the Russian Federation.

scholarly journals Mobility of Authorities and Stabilization of Laws on the Demarcation Thereof: Search for a Constitutional Law Balance

2020 ◽  
Vol 12 ◽  
pp. 37-41
Author(s):  
Georgiy A. Efimov ◽  
Keyword(s):  
Russian Federation ◽  
Opposite Direction ◽  
Constitutional Law ◽  
Central Government ◽  
The Other ◽  
Political Life ◽  
The Will ◽  
The Russian Federation ◽  
The Stability ◽  
The One

The article is devoted to the problem of correlation, on the one hand, mobility, on the other hand, the stability of the powers of the authorities and public-territorial entities. The author argues that the excessive flexibility of constitutional legislation in this area can call into question one of the fundamental principles of constitutionalism, which consists in the need for sustainable autonomy of public-territorial units. Powers can be redistributed from the center to the periphery and in the opposite direction in a variety of combinations. At the same time, it is important that this movement does not lead to the absolutization of the central government, blocking of political and territorial autonomy, exclusion of the subjects of the Russian Federation and municipalities from social and political life, their transformation into some kind of “driving belts” of the will of the central authorities without taking into account the needs and interests of citizens, living in the respective territories.

CURRENT ISSUES OF INTERBUDGETARY EQUALIZATION

2020 ◽  
Vol 1 (12) ◽  
pp. 74-78
Author(s):  
A. A. BISULTANOVA ◽  
Keyword(s):  
Economic Policy ◽  
Economic Development ◽  
Russian Federation ◽  
Current System ◽  
Federal Budget ◽  
Financial Resources ◽  
Socio Economic Development ◽  
Interregional Differentiation ◽  
The Russian Federation ◽  
The Stability

The author touched upon topical issues of inter-budget alignment, budget provision of regions with financial resources, focusing on factors that directly affect the stability of the budget system, as well as highlighting problems in the budget sphere that require urgent attention from the authorities. It is concluded that the level of interregional differentiation continues to increase, and the modern mechanism of budget equalization requires urgent amendments and adjustments. It is emphasized that the main goals of socio-economic development of the Russian Federation related to the transition to an innovative type of development, changes in the structure of the national economy, set out in strategic documents and messages of the President of the Russian Federation and declared since 2009, are not being implemented, and the effectiveness of state economic policy and Federal budget expenditures for its implementation remains low. This indicates the need to review the current system.

ESCALATION OF IMPORT SUBSTITUTION AS A REALITY AND A NECESSITY FOR IMPROVING THE STRUCTURE OF THE DOMESTIC ECONOMY

2021 ◽  
pp. 77-83
Author(s):  
V. V. Mishchenko ◽  
I. K. Mishchenko
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Import Substitution ◽  
The State ◽  
Domestic Economy ◽  
Provision Of Services ◽  
History Of ◽  
Balanced Structure ◽  
The Russian Federation ◽  
Key Features

The article highlights the importance of a balanced structure of the economy in terms of the ratio of the production of goods and the provision of services; the history of specialization of the Russian Federation as a state and territorial entity, the key features of its structure are considered. Modern aspects of import substitution in Russia are described. A comment is made on the program “Import Substitution 2.0”, which is based on quotas for public procurement from Russian suppliers. Some problems and negative aspects of the state of implementation of the import substitution program in the Russian Federation are reflected. It is concluded that the measures for the development of import substitution were largely unsystematic, were of a fragmented nature, and in some cases even contradicted each other. Their implementation failed to optimize the structure of the economy. A set of measures to escalate import substitution is proposed, including the priority development of specific types of goods with a certain share of sales abroad and the coverage of import substitution in the sphere of services.

The threat of outflow of individual deposits in systemically important banks of the Russian Federation: A retrospective analysis and regulatory outlook

2021 ◽  
Vol 27 (1) ◽  
pp. 4-21
Author(s):  
Yuliya S. EVLAKHOVA
Keyword(s):  
Statistical Analysis ◽  
Retrospective Analysis ◽  
Russian Federation ◽  
Too Big To Fail ◽  
Bank Run ◽  
Business Operations ◽  
The Russian Federation ◽  
The Stability ◽  
High Threat ◽  
Systemically Important Banks

Subject. The article focuses on the dynamics of individual deposits in the Russian systemically important banks as a factor of the stability of available resources. Objectives. I assess the threat of individual deposits outflowing from the Russian too-big-to-fail banks within 2015–2019. I correspondingly outline recommendations for mitigating the threat in the future. Methods. The study is based on methods of logic, comparative and statistical analysis. I devised and applied our own algorithm for classifying too-big-to-fail banks by threat of individual deposit outflow and its level. Results. Systemically important banks were found to have not been exposed to the high threat of bank run within 2015–2019. Three fundamental credit institutions were constantly exposed to the threat of individual deposit outflow. One of eleven systemic banks continuously demonstrated the low threat of individual deposit outflow. The rest of the banks were migrating among the low-threat and high-threat classes. Conclusions and Relevance. The Russian systemically important banks can refer to our findings to articulate their deposit policy, set and use digital accounts of retail customers. The Bank of Russian can rely on the analysis of the threat of individual deposit outflow and other data on financial and business operations of the banks and its sustainability as part of bank oversight procedures.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

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