scholarly journals Co-regulation as a way to improve the effectiveness of legal regulation in sports

2021 ◽  
Vol 12 (2) ◽  
pp. 263-275
Author(s):  
Aleksandra A. Dorskaia ◽  
◽  
Andrei Yu. Dorskii ◽  
Keyword(s):  
Russian Federation ◽  
Self Regulation ◽  
Legal Regulation ◽  
State Regulation ◽  
Social Regulation ◽  
Intermediate Form ◽  
Sporting Events ◽  
The European Union ◽  
The Status ◽  
The Russian Federation

In the article, the authors formulate a definition of co-regulation based on an overview of the approaches available in documents and regulations from the European Union. Co-regulation does not appear to be an intermediate form between state regulation and self-regulation, but rather an independent method of social regulation that can significantly improve legal regulation effectiveness. This is achieved by combining legal principles and norms and state control over their implementation with a broad discretion of professionals in a particular field. Sports is considered a classic case of co-regulation since all Russian sports federations pursue the legally defined goals (development of one or more sports in the Russian Federation, their promotion, organization, sporting events and training of athletes who are members of national sports teams), achieve these goals to realize the legally defined rights and obligations, and undergo evaluation for effectiveness and accreditation by the state. The article thoroughly analyzes the history of adopting a package of amendments to Russian legislation in order to introduce arbitral proceedings for athletes and coaches’ individual labor disputes in 2020. This example demonstrates the weaknesses of exclusive state regulation of legal relations in sports and the shortcomings of self-regulation. Specific problems are identified: their solutions are quite complicated when one has to choose one of the above-mentioned models or their combination, the status of “legionnaires”, duration of labor contracts, conditions for paying salaries and others. The arguments in favor of introducing a national arbitration for athletes and coaches’ labour disputes are considered. The status of Russian and international sports federations is studied in terms of their classification as self-regulatory organizations and the inconsistency of the independent status of sports organizations is demonstrated. In conclusion, the authors propose an amendment to the Federal Law on Physical Culture and Sports in the Russian Federation to legalize co-regulation in this area.

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 Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Legal Institution ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Creation ◽  
Statutory Control

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

Digitalization of Russian Economy within the Framework of the National Innovation Policy

2019 ◽  
Vol 10 (4) ◽  
pp. 1274
Author(s):  
Marsel M. IMAMOV ◽  
Natalia B. SEMENIKHINA
Keyword(s):  
Russian Federation ◽  
Innovation Policy ◽  
Legal Regulation ◽  
State Regulation ◽  
Analysis Method ◽  
Main Method ◽  
Legal Documents ◽  
Russian Economy ◽  
Regulatory Aspect ◽  
The Russian Federation

National innovation policy is part of socio-economic policy and is focused on improving state regulation, development and stimulation of innovation. It is implemented using economic, regulatory and other mechanisms of state support. Digital economy affects the growth of the country's economy and the measurement of gross domestic product, productivity and sustainability of economic entities in all financial spheres. The purpose of the article is to analyze the national innovation policy in the regulatory aspect, as well as to analyze the state of development of science and innovation in the Russian Federation. In the process of research, the main method employed was a comparative analysis method, which allowed to achieve the purpose by means of a comprehensive research of the identified issue. To achieve the purpose, the following objectives were set: to consider the legal regulation of the innovation field in the Russian Federation; to evaluate the implemented and existing programs for the development of science and innovation in the Russian Federation. A review of legal documents allowed to conclude that they are of high importance for the development of the innovation field, since they constitute a systemic basis for the implementation of modernization processes and the qualitative improvement of the country's socio-economic development.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals INSURANCE REGULATION PECULIARITIES IN THE BANK INSURANCE PRACTICE IN THE EUROPEAN UNION

Banking law ◽  
2020 ◽  
Vol 6 ◽  
pp. 44-57
Author(s):  
Alexander A. Tsyganov ◽  
◽  
Sergey V. Maslennikov ◽  
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Common Type ◽  
The European Union ◽  
Insurance Regulation ◽  
Significant Issue ◽  
Banking Regulations ◽  
The Russian Federation

In the Russian Federation, bancassurance has already become a relatively common type of interactions between banks and their customers in selling insurance, with banks being the main channels for distributing insurance services in exchange for commission. Borrowers are known to be the weaker side of a contract, which leads to banks impose insurance services and commission, which the banks may capitalize on. This indicates a significant issue for the local antitrust and banking regulations. The article describes the expertise in managing these activities in the member countries of the European Union and provides recommendations for a possible legal regulation of insurance and banking activities in Russia.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

scholarly journals Some aspects of the constitutional and legal status of the institution of the commissioner for the protection of the rights of entrepreneurs in Russia

2021 ◽  
pp. 230-235
Author(s):  
V. A. Fadeeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Business Community ◽  
Annual Reports ◽  
The Status ◽  
The Russian Federation

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Information Technologies ◽  
System Analysis ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Digital Data ◽  
The Russian Federation

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.

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