scholarly journals BITCOIN AS A SPECIAL KIND OF CRYPTOCURRENCY: A CONCEPT, MEANING AND PROSPECTS OF LEGAL REGULATION IN BUSINESS

Author(s):  
M. A. Egorova

In order to develop the digital economy in the Russian Federation, the Program «Digital Economy of the Russian Federation» that is aimed, inter alia, at the formation of a regulatory framework for the legal regulation of new relations in the field of digital economy, was approved by the Decree of the Government of the Russian Federation No. 1632-r of July 27, 2017. Particularly relevant in this regard is the issue of cryptocurrency and bitcoin legal regulation. The article deals in detail with a special type of cryptocurrency, namely: bitcoin. The author analyzes the main problems associeted with the necessity of legal regulation of cryptocurrencies. The conclusion is made that legal regulation of cryptocurrency as a means of payment requires a complex approach and it is impossible without due regatd to the peculiarities of legal regulation of bitcoin. The paper provides for the interaction between the concept of bitcoin and other key concepts, namely: virtual currency and digital currency. The author concludes that it is necessary to create a non-governmental self-regulatory organization supported by the State in order to protect the interests of the cryptocurrency business. Since legal regulation of cryptocurrencies is global in its nature, the article examines the foreign experience of legal regulation of cryptocurrencies and their types.

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.


Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.


Author(s):  
RISALAT MAGOMEDBEGOVNA MAGOMEDOVA ◽  
RUSTAM KURBANOVICH IBAYEV ◽  
MAGOMED ABDULAYEVICH MUSALOV

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.


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.


2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.


E-Management ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 89-96 ◽  
Author(s):  
G. Kuzina

One of the priorities of the government program “Digital economy of the Russian Federation” is the progressive development of the existing education system, which should provide the economy with competent personnel. In addition, this document declares the need to create a system of motivation for the development of the necessary competencies and participation of personnel in the development of the digital economy of Russia. All this requires the transformation of the classical educational system, which ultimately implies the creation of a “digital university”.According to the concept, proposed by the Agency for Strategic Initiatives together with Skolkovo University, the “digital university” will allow us to change the form and content of education in accordance with the requirements for new digital economy personnel. At the same time, the main emphasis should be placed on the individual trajectory of education, that is, collecting information not only according to the teacher’s assessment, but also collecting information in the student’s online course (what subjects the student was interested in, how he passed the intermediate tests, etc.). In addition, you need to create a specific set of services at the university. They should work in a similar way to the super services that are already being created in the Ministry of Digital Development, Communications and Mass Media of the Russian Federation for receiving public services online. So, the student will be able to get help and get registered in the military enlistment office in a single window mode, without having to go to the offices. In addition, changes are needed related to the content of education. So, along with the already developing segment of mass online courses, courses using AR and VR and virtual simulators should be introduced in universities. With the help of modern technologies, students will be able to learn the profession more effectively in practice.The article attempts to generalize the minimum set of necessary transformations of a classical university into a “digital” one and present their description.


Author(s):  
L.Y. Larina

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.


10.12737/8128 ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 36-46
Author(s):  
Поповская ◽  
M. Popovskaya

The article is based on the results of research work of the Financial University under the Government of the Russian Federation “Improving the regulation of labor and the organization of new approaches to the organization of labour processes and the remuneration of certain categories of employees in higher education”, fi nanced by budget funds for State job in 2014. The article analyzes the legal regulation of improving remuneration of support staff , including from the standpoint of personnel management system, assessment of the role and importance of this category of workers working in the educational process; discusses possible approaches to remuneration of support staff to meet the requirements of the legislation of the Russian Federation, including the policy objectives for improving the system of remuneration in the budgetary organizations, as set out in the Order of the Government of the Russian Federation of 26.11.2012, № 2190«On Approval of the gradual improvement of the system wages in the state (municipal) institutions for 2012–2018». The article also provides an analysis of the main problems in the existing institutions of higher education in pay systems, off ers a practical solution for the formation conditions of remuneration of support staff and the positioning of functional processes, which employ this category of personnel in connection with the performance of tasks to ensure the increase the quality of the educational process in the organization of higher education.


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