scholarly journals The legal regulatory model of virtual currency circulation: A socio-legal study

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Nikolay Mikhailovich Artemov ◽  
Lana Lvovna Arzumanova ◽  
Alexander Alexandrovich Sitnik ◽  
Yulia Leontyevna Smirnikova ◽  
Sergey Zenin
Keyword(s):  
Government Regulation ◽  
Social Research ◽  
Legal Regulation ◽  
State Regulation ◽  
Legal Analysis ◽  
Virtual Currency ◽  
Legal Study ◽  
Research Survey ◽  
Legal Nature ◽  
The Usa

The article examines a model of legal circulation of virtual currency. The issue of the legal nature of virtual currencies remains controversial. This generates a problem of choosing the most suitable and effective approach to regulation of virtual currencies circulation. The article analyzes approaches to determining the legal nature of cryptocurrencies and the experience of state regulation in Switzerland, Japan, the USA and China. Methods of legal analysis, synthesis, specific scientific methods, and social research survey have been employed in this article. As a result of the conducted socio-legal study, it has been found that there is no unified strategy of legal regulation of virtual currencies, which affects their perception by recipients. This conclusion is based on the comparative analysis of legal regulation of crypto­currencies circulation in such countries as Japan, the USA, and Switzerland. By contrast with these countries, China has significantly restricted usage of cryptocurrencies, actually having chosen the way of banning virtual currencies. The inconsistency of legal regulation can be observed not only between different countries, but also within one state, which is proved by the situation in the USA and Switzerland. At the present time, the system of government regulation of cryptocurrencies circulation is the most effective in Japan.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  
Keyword(s):  
Government Regulation ◽  
Self Regulation ◽  
Legal Regulation ◽  
Relevant Market ◽  
Eu Member States ◽  
Doing Business ◽  
Foreign Countries ◽  
The Usa ◽  
Key Terms ◽  
Local Levels

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

scholarly journals PRACTICAL AND LEGAL FEATURES OF USE LAW ENFORCEMENT OFFICERS PHYSICAL FORCE

2021 ◽  
Vol 23 (80) ◽  
pp. 23-28
Author(s):  
V.A. Kaznazcheev ◽  
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Power Structures ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Legal Nature ◽  
Wide Scale ◽  
Principle Of Legality

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.

scholarly journals ON THE ISSUE OF IMPLEMENTATION OF INTERNATIONAL EXPERIENCE IN FINANCIAL ASSETS REGULATION: CRYPTOCURRENCIES

2021 ◽  
pp. 157-167
Author(s):  
Olena LIUBKINA ◽  
Oleksandr TKACHENKO
Keyword(s):  
Financial Regulation ◽  
Rapid Development ◽  
Effective Interaction ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Experience ◽  
State Regulation ◽  
Financial Assets ◽  
Digital Products ◽  
Virtual Currency

Introduction. The digitalization of the economy is closely linked to the formation of an effective legal framework. Any development or operation of digital instruments must be accompanied by appropriate financial and legal regulation. The study of the functioning of digital financial assets allowed us to conclude that, unfortunately, their rapid development is observed against the background of the lag of regulatory regulation of the relevant legal relations that are formed as a result of such activities. A critical scientific analysis of international experience in the field of financial regulation of cryptocurrencies has identified a number of key generalizations. The purpose of the article is to identify the main markers of digital financial assets, study international experience in financial regulation of virtual assets, including cryptocurrencies, identify opportunities to implement positive foreign practices to Ukrainian realities and diagnose the current state and prospects of cryptocurrency in Ukraine. Results. The specific characteristics of digital financial assets are substantiated, namely: freedom of issue, availability of cryptocurrencies, absence of intermediaries, high degree of protection, openness to developers, integration with the latest technologies that produce new digital products. The international practice of state regulation of cryptocurrencies is generalized in terms of both the interpretation of the conceptual apparatus and in view of the qualification of the mechanism of conducting operations with digital assets. It is proved that in Ukraine from the point of view of legal regulation of cryptocurrency is still outside the full framework of the legal field of domestic legislation. The main innovations and specifics of regulation of the market of virtual assets in accordance with modern Ukrainian realities are determined. Conclusions. The difference between national laws in the field of regulation of virtual assets is proved. It is argued that the main vector of regulation is aimed at strengthening control over the transparency and accountability of transactions with virtual assets, cybersecurity and mandatory user verification. The main directions of increasing the settlement and trust in virtual assets are formulated: production of standards and rules of cryptocurrency circulation, in order to bring it to the rank of a competitive means of payment; consolidation of the official status of cryptocurrency; formation of an open ecosystem through effective interaction of all participants in the process of buying / selling cryptocurrency; formation of a legal trading platform for cryptocurrency circulation; support of information literacy of the population to understand the benefits and risks of virtual currency etc.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

Digital transformation of the banking system in the context of sustainable development

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Imeda A. Tsindeliani ◽  
Maxim M. Proshunin ◽  
Tatyana D. Sadovskaya ◽  
Zhanna G. Popkova ◽  
Mariam A. Davydova ◽  
...  
Keyword(s):  
Financial Services ◽  
Banking Sector ◽  
Banking System ◽  
Legal Regulation ◽  
State Regulation ◽  
Securities Market ◽  
Legal Analysis ◽  
Content Type ◽  
Regulatory Cooperation ◽  
Legal Guidelines

Purpose The purpose of this paper is to study the current state of the Russian banking system in the context of digital economy development, to establish and identify the benchmarks and needs of legal regulation, to study the potential possibilities of digitalization of relations in the banking sector in the mechanism of implementing prudential rules. Design/methodology/approach Using the method of political and legal analysis used in this study, the legal guidelines for the digitalization of the banking sector and the financial services market have been determined, which in the Russian legal system are strategic planning documents. Findings International research in the field of banking indicates that digitalization and globalization of the economy stimulate the processes of international regulatory cooperation and harmonization of legislation, the use of new approaches in the development and adoption of regulations in the financial market. The growth of digitalization of relations in the banking sector will contribute to the effective implementation of prudential rules, including those related to the need to protect public interests. Originality/value The study revealed a number of issues related to the digitalization of the activities of credit institutions that are professional participants in the securities market and the central bank as a financial mega-regulator, requiring a legal solution. Measures aimed at improving the current legislation and procedures of state regulation and supervision are proposed.

The Protection of marine mammals in the legislation of some states

Fisheries ◽  
2021 ◽  
Vol 2021 (5) ◽  
pp. 33-42
Author(s):  
Damir Bekyashev
Keyword(s):  
Russian Federation ◽  
Marine Mammals ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Usa ◽  
The Russian Federation

The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

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