scholarly journals On the Improvement of the Administrative Law Regulation in the Economy Digitization Conditions

2021 ◽  
Vol 3 ◽  
pp. 39-44
Author(s):  
Roman V. Nagornykh ◽  
Keyword(s):  
Public Administration ◽  
Information Technologies ◽  
Legal Regulation ◽  
Practical Significance ◽  
Communication Processes ◽  
Labor Legislation ◽  
Legal Foundations ◽  
General Scientific ◽  
Antitrust Regulation ◽  
Financial Technology

The purpose of this article is to identify the main directions for improving administrative and legal regulation in the field of digital technologies application. The article notes that the development of information technologies will lead to a significant transformation of the entire array of legal regulation and law enforcement practice in our country, which will affect both traditional areas of legal regulation (civil circulation, intellectual property, antitrust regulation, special legal regimes, standardization, labor legislation, security , countering terrorism, extremism, corruption, etc.), and will lead to the emergence of a number of new areas in law (change management, ‘LegalTech’, integration regulation, digital environment of trust, financial technology, big data, cyber-physical systems, etc.). The methodological basis of the work is formed by general scientific and specific scientific (logical-legal, comparativelegal, descriptive, content-analysis) methods of cognizing legal reality. Conclusions. All the above directions of development of legal regulation will affect the institutions of modern public administration and will lead to a systemic change of the existing administrative and legal superstructure, which necessitates the development and implementation of measures to comprehensively protect the rights and freedoms of man and citizen from possible threats associated with the expansion of opportunities for illegal use information technologies. The scientific and practical significance of the work lies in the substantiation of practical proposals for improving the current administrative legislation in the field of creating the administrative and legal foundations of e-government, the formation of administrative and legal tools for communication processes of public administration entities, the adoption of administrative legal acts in the development of a system of digital services for citizens and organizations.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

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 ЦЕНТР УПРАВЛІННЯ КОМПЕТЕНЦІЯМИ: ВИРІШЕННЯ ПРОТИРІЧ ПУБЛІЧНОГО УПРАВЛІННЯ ЗАВДЯКИ ІНФОРМАЦІЙНИМ ТЕХНОЛОГІЯМ

2021 ◽  
pp. 117-124
Author(s):  
Андрій Олегович Дєгтяр ◽  
Вероніка Геннадіївна Ковальчук ◽  
Максим Петрович Бублій
Keyword(s):  
Public Administration ◽  
Information And Communication Technologies ◽  
Public Management ◽  
Information Technologies ◽  
Communication Technologies ◽  
Scientific Work ◽  
Practical Significance ◽  
Qualitative Comparison ◽  
Competence Management ◽  
Information And Communication

Problem statement. The article examines the competence management center as a means of resolving contradictions in public administration. It is determined that the essence of the problem lies in the fact that the introduction of information and communication technologies contributes to the development of a higher level of human thinking and motivation for its actions, and accordingly there are new requirements for the quality standards of public administration, which leads to an aggravation of the contradictions of public administration. The purpose of the study is formation of conceptual bases of creation and functional realization of the center of management of competences for the decision of contradictions of public management which have arisen owing to use of modern information technologies. The object of this research is the contradictions of public administration caused by the use of information technologies and tools and means of their solution. The research uses general scientific and special methods: analysis and synthesis, logical, dialectical, generalization method, complex and systematic approaches. Research methods: in the process of scientific work were used general and special methods of scientific abstraction, induction and deduction, statistical analysis, analogy and quantitative and qualitative comparison. The research hypothesis is the assumption that the contradictions of public administration that are caused by the use of information technologies can be resolved by applying the competence management center. Presentation of the main material. It is found out that the main contradiction of the functioning of the management system is that if there is a significant need to update the public nature of management, the lack of proper mechanisms for attracting the object of management represented by the population of a particular territory to participate in the process of forming alternatives, evaluation criteria, analysis, selection and implementation of management decisions requires a solution. Originality and practical significance of the research. It is proved that the use of modern public management tools (development of e-government technologies; the development of innovative information and communication infrastructure using public-private partnership opportunities; the use of a political marketing tool; the introduction of foresight, crowdsourcing and public audit technologies) does not contribute effectively enough to resolving the above contradictions. Conclusions and prospects for further research. As a promising tool, a competence management center is proposed, which helps to resolve contradictions that are becoming more acute in the context of the introduction of information and communication technologies.

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 The environmental regulation of mining: legal foundations

2021 ◽  
pp. 106-110
Author(s):  
O Vasylchenko ◽  
O Lotiuk ◽  
A Yevstihnieiev ◽  
A Basalaieva ◽  
S Kustova
Keyword(s):  
Public Administration ◽  
Environmental Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Public ◽  
Current State ◽  
Integrated Research ◽  
Legal Foundations ◽  
The Difference ◽  
The Impact

Purpose. To enhance the quality of Ukrainian legislation by improving the legal framework of public administration in the field of environmental regulation of mining in Ukraine. Methodology. The authors used comparative and legal, historical, systemic, structural and functional, formal and logical, and dialectical research methods. The need to use an integrated research method is emphasized. Findings. The authors investigated two problems actualized by the so-called Adani Syndrome: 1. The criteria for assessing the impact on the environment and their legal force. 2. The legal framework governing the rights of the owner, the state and the public. The above problems were studied in comparison with the legal support of environmental regulation of mining in Ukraine. Originality. The experience of environmental regulation of mining in Australia is analyzed on the example of the conflict over the Carmichael mine project, resulting in disclosing the current state of Ukrainian legislation in this area. The directions of improving the legal foundations of public administration in the field of environmental regulation of mining in Ukraine have been brought up for discussion. Practical value. The use of the obtained results will make it possible to eliminate the difference between the legal support of environmental regulation of mining in developed and developing countries. The proposals have been formulated to improve the legal regulation in the area under study in terms of detailing the powers of individual governing bodies of special competence, as well as in terms of procedures for assessing the environmental impact. The formulated proposals can help to strengthen the effectiveness of the legislation in power.

scholarly journals Directions of Improvement of Legal Regulation in the Field of Development of Stimulation Information Technologies

2017 ◽  
pp. 62-69
Keyword(s):  
Strategic Planning ◽  
Public Administration ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Regulation ◽  
Digital Economy ◽  
Organizational Barriers ◽  
Current State ◽  
The Russian Federation ◽  
Legal Mechanism

The article analyzes the current state and prospects for improving the legal regulation of public administration in the sphere of stimulating the development of information technologies, including formation of a digital economy in the Russian Federation. Based on the analysis of the Russian legislation, key elements of the legal mechanism of public administration in the sphere of stimulating the development and introduction of technologies in various fields that can be used to stimulate the development of information technologies are identified. The analysis of the documents of strategic planning and information legislation made it possible to substantiate a number of proposals for improving the legal regulation in the sphere under consideration, including legislative provisions for stimulating IT development, identifying and eliminating legal and organizational barriers to their development, and measures to stimulate it.

PREVENTION OF THE TERRORISM IDEOLOGY IN THE FIELD OF EDUCATION (SOME PRACTICAL ASPECTS)

2021 ◽  
pp. 61-66
Author(s):  
Alexey V. Sumachev
Keyword(s):  
Police Officers ◽  
Information Technologies ◽  
Legal Regulation ◽  
Law School ◽  
Educational Institutions ◽  
The Public ◽  
Municipal Employees ◽  
Legal Foundations ◽  
Teachers And Parents

The article notes the public danger of the facts of public terrorism justification, as well as its propaganda, since recently the development of information technologies has also promoted this phenomenon. It is also indicated that among the measures to prevent the ideology of terrorism, the main importance belongs to the criminal-legal regulation on committing a crime in this area. The article defines measures to prevent the ideology of terrorism at the general social, special criminological and individual levels. The main focus is put on the methods of special criminological prevention of the ideology of terrorism. At this, the role of pedagogical collectives of secondary schools, colleges and higher educational institutions in the system of terrorism ideology prevention is analyzed. Possible practical forms of extracurricular work with students, teachers and parents of students, aimed at preventing the expansion of terrorism ideology in the field of education are indicated. At this, the article gives examples of preventive activities carried out in the form of: lectures by police officers, prosecutors and law school teachers in educational institutions; professional development of teachers of educational institutions, as well as state and municipal employees on implementing the tasks in the field of terrorism ideology preventing among young people; conducting scientific seminars on the problems of terrorism and extremism; developing and teaching a special course "Legal Foundations for Countering Extremism and Terrorism" not only for lawyers, but for students of other specialties as well.

FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION

2021 ◽  
Vol 17 (4) ◽  
pp. 121-128
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Child Labor ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Labor Rights ◽  
Modern Period ◽  
Labor Legislation ◽  
The World ◽  
The Relationship

The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.

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 The Principle of Performance in Inter-Budgetary Subsidy Provision Legal Relationships

2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Alina A. Timerkhanova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Performance Indicators ◽  
Legal Regulation ◽  
Practical Significance ◽  
Synthesis System ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Judicial Practice ◽  
General Scientific

Purpose. The article discusses the importance of the princ iple of ef fectiveness in relations for the provision of intergovernmental subsidies. Judicial practice shows that there is no detailed legal regulation of the composition of this principle, which leads to failure to achieve the result of using subsidies. Methodology: dialectical method of scientific knowledge. The research used such general scientific methods as analysis, synthesis, system and structural-functional. Conclusions. The author comes to the conclusion that the composition of the principle of effectiveness should be fixed in the Budget code of Russian Federation, which includes performance indicators, deadlines for achieving the purpose and exceptional circumstances. Scientific and practical significance. Based on the analysis of judicial practice, the composition of the principle of effectiveness is proposed, which will contribute to achieving the purpose of provision of intergovernmental subsidies.

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