scholarly journals Issues of improving legislation about expert activity

2021 ◽  
Vol 7 (2) ◽  
pp. 96-105
Author(s):  
T. A. Dikanova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
National Legislation ◽  
Regulatory Authorities ◽  
Expert Opinions ◽  
Eurasian Economic Union ◽  
Significant Harm ◽  
Economic Union

The article deals with the problems of legal regulation of expert activity. It is noted that there are many regulatory legal acts that regulate the conduct of various examinations. The article analyzes the legislation regulating the conduct of both non-judicial and judicial examinations, including supranational ones. Although non-judicial examinations are diverse, the article notes that their legal regulation has much in common, but general issues are not regulated uniformly in the absence of grounds for this, since we are talking about issues that are not related to the specifics of a particular examination. And this, in the authors opinion, is a lack of legal regulation of expert activity. The article examines the novelties of the legislation on forensic examinations, in particular, conducted by non-state experts. Attention is drawn to all the main problems of legal regulation that have been discussed since 2012, when work began on a new law on judicial expert activity, but have not been resolved by the legislator. Attention is paid to the legal regulation of the activities of forensic experts. The article concludes that the courts are suspicious of the conclusions of expert examinations conducted by non-judicial experts when considering disputes between regulatory authorities and interested parties, as well as when considering criminal and administrative cases. Often, examinations conducted for the purpose of control are groundlessly rejected by the court, and the court appoints forensic examinations, which are entrusted to experts who do not have the necessary knowledge, experience, methods, equipment; they accept them on faith, without establishing the reasons for discrepancies between experts, without conducting the necessary procedural actions. That is, not being experts, the judges unreasonably decide which of the two expert opinions to accept. As a result, significant harm can be caused to the state interests, which is shown by the example of customs examinations. It is also noted that there are many similarities between forensic examinations and, for example, examinations conducted for control purposes. It is proposed to formulate a single law on the basis of expert activity, not limited only to judicial expert activity. The issues that require legal regulation are listed. The need to take into account the achievements of the legislation of the Eurasian Economic Union on expertise in the development of national legislation was noted.

Trends and Problems of Legal Regulation of Relationships between State and Business

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Legal System ◽  
General Result ◽  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Evidence Based ◽  
Present Stage ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
State Relations

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.

scholarly journals Legal protection of cross-border use of intellectual property

2019 ◽  
Vol 4 (22) ◽  
pp. 279-285
Author(s):  
Irina Kiryushina ◽  
Andrey Serebryakov
Keyword(s):  
Intellectual Property ◽  
Social Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent System ◽  
Parallel Imports ◽  
National Legislation ◽  
Cross Border ◽  
Eurasian Economic Union ◽  
Economic Union

The paper analyzes the issues of legal regulation of cross-border use of intellectual property on the example of the Eurasian Economic Union. Among the key problems of cross-border use of intellectual property within the Eurasian Economic Union (EEU) is the need to create a unified system of registration of trademarks and service marks and elimination of double registration of trademarks, establishment of common approaches to the problem of admissibility of “parallel imports” within the EEU, and the creation of an effective patent system. The authors conclude that the development of legal regulation of the use of intellectual property in cross-border relations will follow the path of adoption of normative acts within the framework of regional unions of states, taking into account the specifics of their economic and social development, as well as the way of improvement of national legislation, taking into account the position of states on this issue.

scholarly journals Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 11-20
Author(s):  
A.E. Abdrasulova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regulations ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Life Circumstances ◽  
The Republic ◽  
Legal Mechanism

The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws

Eurasian Economic Union: A sober look

2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov
Keyword(s):  
The State ◽  
Customs Union ◽  
Macroeconomic Policies ◽  
Member States ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Ongoing Work ◽  
General Rules ◽  
Economic Union ◽  
Trade And Investment

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.

LEGAL REGULATION OF CRYPTOCURRENCY MINING

2020 ◽  
pp. 13-20
Author(s):  
Pavel Samolysov ◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Reliability And Validity ◽  
Legal Regulation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Mining Equipment ◽  
Social Phenomena ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.

scholarly journals Economic Cooperation Development Issues between the EAEU

2021 ◽  
Author(s):  
Jusup Pirimbaev ◽  
Anara Kamalova
Keyword(s):  
Main Idea ◽  
Economic Cooperation ◽  
The State ◽  
Member States ◽  
Economic Relations ◽  
Eurasian Economic Union ◽  
Soviet Space ◽  
Economic Union ◽  
Effective Development ◽  
Post Soviet Space

The Organization of the Eurasian Economic Union (EAEU) is the first real attempt to conduct integration processes in the post-soviet space among several states. However, the question of its expansion at the expense of other states remains open, as well as the further deepening of relations within the Union and the improvement of the mechanisms for integrating the economies of the member states. In this regard, the analysis of the state of economic relations is carried out and the ways of solving some aspects of the coming period are shown. The main idea of solving the problems of the Union is the gradual and effective development of standards for economic relations.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals Harmonization of income taxation of individuals in the Eurasian economic union countries

2019 ◽  
pp. 120-126
Author(s):  
Yu. D. Shmelev
Keyword(s):  
Income Tax ◽  
The State ◽  
Income Taxation ◽  
Development Trends ◽  
Eurasian Economic Union ◽  
The World ◽  
Similarities And Differences ◽  
Economic Union ◽  
Tax Systems

The development trends and the state of income tax systems in the world and the countries of the Eurasian Economic Union have been analyzed. Their similarities and differences have been revealed. The problem of harmonization of the legislation of income taxation of individuals has been considered. The assessment of justice and efficiency of the existing systems of income taxation in the countries of the Eurasian Economic Union has been carried out. The concept of harmonization has been proposed, which allows not only to unify the laws of the Eurasian Economic Union countries, but also to ensure an increase of the efficiency and fairness of the system of income taxation of individuals.

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