scholarly journals ICO — a New Way of Project Financing: Development Trends of Legal Regulation

2020 ◽  
Vol 10 ◽  
pp. 41-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Scientific Methods ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Initial Placement ◽  
General Scientific ◽  
Training Courses

Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals Correlation between the principle of justice and legal axioms

2020 ◽  
pp. 64-78
Author(s):  
Anton Nikolaevich Rundkvist
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Principles ◽  
Original Definition ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Primary Reference ◽  
General Scientific ◽  
New Perspective

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice

scholarly journals Transformation of the Civil Right to the Freedom of Expression in the Internet

2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  
Keyword(s):  
Information Exchange ◽  
System Analysis ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Article ◽  
Global Information ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Right

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

The Eurasian Technology Platforms As Attractors of Scientific, Technological and Industrial Integration Within the EAEU: The Analysis of the Legal Framework

Legal Concept ◽  
2021 ◽  
pp. 12-23
Author(s):  
Mark Shugurov ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Member States ◽  
Systematic Analysis ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Technology Platforms ◽  
Legal Model ◽  
Legal Foundations ◽  
General Scientific

Introduction: in the context of expanding and deepening the cooperation between the EAEU member states in the field of science, technology, and innovation, which is provided for in the Strategic Directions for the Development of the Eurasian Economic Integration until 2025, the importance of improving the legal regulation of such joint innovation and infrastructure facilities as the Eurasian Technology Platforms (ETP) is increasing. The purpose of the study is to develop a comprehensive conceptual understanding of the purpose of the legal regulation of the ETP at the level of Union law in terms of the legal model used. The objectives of the study are 1) to establish the correlation of the structure of the legal foundations of the ETP with the structure of Union law; 2) to undertake a systematic analysis of the scale of consolidation of the normative legal provisions in the sources of Union law that have different legal force; 3) to predict the development of the legal foundations of the ETP. Methods: the general scientific methods (system, structural and functional), the specific scientific methods (comparative-legal, dogmatic legal). Results: the classification of the legal bases of the scientific and technological integration of the EAEU member states based on the ETP is proposed. Conclusions: further development of the legal foundations of the functioning of the ETP will involve following their established legal model while simultaneously developing it in the direction of combining the expansion of the international treaty provisions and the expansion of the provisions of the regulatory legal acts of the Union bodies, as well as the inclusion of the provisions on interaction within the ETP into interstate programs.

scholarly journals SEARCH FOR "UNICORNS" IN UKRAINE

2020 ◽  
Vol 1(13) ◽  
pp. 198-204
Author(s):  
Vasyl Ostapenko ◽  
Keyword(s):  
Intellectual Capital ◽  
Public Management ◽  
Rapid Development ◽  
Legal Framework ◽  
Practical Significance ◽  
Scientific Methods ◽  
Economic Relations ◽  
General Scientific ◽  
Capital Development ◽  
Selection Of

In the early 2000s, the new term "Unicorns" appeared in the economic literature, uniting startups with a market capitalization of more than $ 1 billion. in five years. In today's highly globalized market, public management is interested in ensuring the rapid development of powerful, competitive companies that stimulate the growth of the national economy. Powerful startup companies of interest to both national and foreign investors. The purpose of the article is to formulate the main stages of assessing the competitiveness of "unicorns" and create conditions for improving its level in the postSoviet space. General scientific methods of analogy and comparison, induction and deduction, modeling, hypothetical, historical and logical methods have been used. The scientific novelty of the obtained results is as follows: approaches to the selection of potential startup projects "unicorns" have been economically justified; a practical approach to creating a social climate and legal framework that will promote the emergence and reproduction of "unicorns" has been proposed; approaches to determining the stages of "death", "resuscitation" and "resurrection" of "unicorns" have been formulated. The practical significance of the obtained results lies in the formation of proposals of an applied nature aimed at the development of startup companies in Ukraine. It has been concluded that for the birth and effective functioning of "unicorns" it is necessary to combine human, structural and consumer capital, which will increase the capitalization of the enterprise. It has been determined that the environment of origin and functioning of "unicorns" is not limited to software, but covers all areas where intellectual capital can be increased. It has also been concluded that innovations and startups are a kind of activity that requires not only great knowledge, but also a specific talent sharpened for this type of activity. The ability to propose new solutions is a source of renewal, implementing the principles of intellectual capital, which is becoming dominant in the XXI century. Further research will be aimed at clarifying and improving the proposed options for creating conditions to increase the level and number of "unicorns" in Ukraine. Key words: unicorn, social and economic relations, intellectual capital, development of civilization, economic efficiency

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

scholarly journals Association of producers as a tool of strategic development of medicinal plants in Ukraine

Ekonomika APK ◽  
2020 ◽  
Vol 312 (10) ◽  
pp. 6-13
Author(s):  
Oleksandr Nechyporenko ◽  
Tetiana Mirzoieva
Keyword(s):  
Medicinal Plant ◽  
Practical Significance ◽  
Strategic Development ◽  
Scientific Methods ◽  
National Economic ◽  
Analysis And Synthesis ◽  
Medicinal Crops ◽  
General Scientific ◽  
Characteristic Features ◽  
Relationship Of

The purpose of the article is to substantiate the feasibility of introducing various forms of associations of producers of medicinal crops the context of the strategic development of medicinal plant growing. Research methods. General scientific methods of empirical research were applied, such as comparative-historical and descriptive - to study the development trends of forms of management, primarily cluster, as well as to record the results of their implementation; a systematic approach - to assess the field of medicinal plant growing as a system and determine the dependencies between its elements; general logical methods of analysis and synthesis - to determine the stakeholders of the region and their opportunities for the development of medicinal plant growing in Ukraine; abstract-logical - for generalization and formation of conclusions. Research results. he relationship of the strategy for the development of medicinal plant growing in Ukraine with the directions of the National Economic Strategy-2030, especially with the vector of potential improvements in the spheres of health and education, is revealed. The main characteristic features of the forms of associations of producers as clusters and cooperatives are analyzed. It is proposed to use them as tools to create a profitable model for the development of medicinal plant growing. Scientific novelty. Theoretically, the feasibility of introducing various types of economic associations in the field of medicinal plant growing, primarily cluster and cooperative ones, as guarantors of the economic development of stakeholders has been confirmed. Practical significance. The introduction of various forms of associations of manufacturers is proposed to accelerate the implementation of the strategy for the development of the medicinal plant growing industry in Ukraine. Tabl.: 1. Refs.: 17.

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