Problems of Law Enforcement Practice of Antimonopoly Regulation in Digital Markets as an Indicator of the Need for Legislative Reform on the Competition Protection [

2021 ◽  
Author(s):  
A.V. Bychkov ◽  
◽  
D.V. Shram ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Network Effects ◽  
Statistical Data ◽  
Digital Technologies ◽  
Information Protection ◽  
Federal Law ◽  
Digital Platforms ◽  
The Russian Federation

Based on the analysis of law enforcement practice in the field of antimonopoly regulation in digital markets, the authors justify the necessity of reforming the current legislation on the competition protection, and provide statistical data on the scale of the introduction of digital technologies. It is pointed out that the prevailing forms of competition in the global digital market are either an oligopoly or a duopoly. The article provides an overview of the practice of applying the current Russian competition law in relation to IT companies (Yandex N. V., Apple Inc., Google LLC). The article analyzes the shortcomings of the Draft Federal Law «On Amendments to the Federal Law «On Protection of Competition» («the Fifth Antimonopoly Package of Amendments»), prepared by the Federal Antimonopoly Service of the Russian Federation in 2018, and propose the ways to eliminate the shortcomings of some projected standards. The author points out the need to link the concept «digital platform» with the term «information system», designated in the Law of the Russian Federation «On Information, Information Technologies and Information Protection», and to take as a basis the definition enshrined in the French Law on the Digital Republic of 2016. According to the authors` opinion, the concept «network effects» can appear in the legislation only after they are supported by the results of experimentally tested methods for calculating network effects. It is proposed to legally «link» network effects with the use of big data that restricts competition. The results of successive attempts of the FAS (Federal antimonopoly Service) of Russia to limit or cancel «intellectual immunities» are considered, and the correctness of introducing a rule on the removal of such immunities in certain cases is justified. The cases of unfair competition of digital platforms associated with the manipulation of search results algorithms (including the use of interactive enriched responses) are investigated. The article describes the risks of digital ecosystems, the development of which may exacerbate the issues of dominance, in particular, due to the monopolization of data. It is concluded that the FAS legislative initiatives of the sample of 2018 need to be carefully revised in the context of the new realities of the development of IT markets.

scholarly journals Lecture: "Digital technologies of modern forensics"

2020 ◽  
pp. 161-186
Author(s):  
А.И. Бастрыкин
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Modern Science ◽  
Digital Technologies ◽  
Legal Framework ◽  
Criminal Case ◽  
New Information ◽  
The Russian Federation

В данной лекции содержится теоретико-практический материал, отражающий дискуссионные вопросы внедрения цифровых технологий современной науки криминологии в Российской Федерации. Специально показывается, что развитие цифровых технологий предъявляет повышенные требования к обеспечению деятельности следователей при использовании цифровых технологий: при доказывании юридических фактов; оптимизации процессуальных и управленческих процессов, как на стадии возбуждения уголовного дела, так и в ходе расследования преступления; решении проблем, возникающих при внедрении новых информационных технологий в правоприменительную практику. Автор предлагает внимательно проанализировать действующую нормативную правовую базу с целью ее корректировки в направлении повышения эффективности использования цифровых технологий в современной криминалистике. This lecture contains theoretical and practical material, reflecting the debatable issues of the introduction of digital technologies of the modern science of criminology in the Russian Federation. It is specially shown that the development of digital technologies imposes increased requirements for ensuring the activities of investigators when using digital technologies: when proving legal facts; optimization of procedural and managerial processes, both at the stage of initiating a criminal case and during the investigation of a crime; solving problems arising from the introduction of new information technologies into law enforcement practice. The author proposes to carefully analyze the current regulatory legal framework in order to correct it in the direction of increasing the efficiency of using digital technologies in modern criminology.

scholarly journals INFORMATION SOCIETY: INFLUENCE ON THE OPERATIONAL AND SERVICE ACTIVITIES OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION OF DIGITAL TECHNOLOGIES AND THE PROSPECTS OF THEIR DEVELOPMENT

2021 ◽  
Vol 6 (11(61)) ◽  
pp. 9-12
Author(s):  
Sergey Sergeevich Gribkov
Keyword(s):  
Russian Federation ◽  
Information Society ◽  
Information Technologies ◽  
Digital Technologies ◽  
The Social ◽  
Service Activities ◽  
The Russian Federation ◽  
Internal Affairs ◽  
The Impact

The article examines the impact of information technologies on the social and economic spheres, as well as the operational and service activities of the internal affairs bodies, in particular. The problems of detection, investigation and registration of crimes associated with the use of information and telecommunication technologies are touched upon. Prospective solutions to these issues are proposed.

APPLICATION OF A SPECIAL TAX REGIME FOR SELFEMPLOYED CITIZENS ON THE TERRITORY OF THE RUSSIAN FEDERATION. PROFESSIONAL INCOME TAX

2021 ◽  
Vol 2 (3) ◽  
pp. 41-48
Author(s):  
V. B. DZOBELOVA ◽  
◽  
A. E. SALAMOVA ◽  
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Statistical Data ◽  
The Self ◽  
Federal Law ◽  
Tax Base ◽  
Advantages And Disadvantages ◽  
Research Article ◽  
The Subject ◽  
The Russian Federation

The relevance of the topic is largely due to the development of the country's tax base and the expansion of the geography of the special tax regime of the NAP. The main aspects of the functioning described in the work help to assess the advantages and disadvantages of the tax for self-employed persons. The purpose of the study is to reflect the trend in the development of a special tax regime for self-employed citizens in the Russian Federation. In connection with the purpose of the study, the following tasks were solved: to reveal the essence of the “self-employed population”, to characterize the main provisions of the special tax regime of the NAP, to consider the statistics of the number of self-employed persons in the Russian Federation, to identify the specifics of the tax regime for the self-employed population. The subject of the research is the special tax regime "Tax on professional income". The object of the research is the regulatory framework, as well as statistical data submitted by individuals to the Federal Tax Service on the implementation of activities to provide services to other individuals for personal, household and (or) other needs.As part of this research article explores the concept of "self-employed" citizens and trends in the use of special tax regime for the self-employed population in Russia according to the Federal Law from 27.11.2018 No. 422 «On the experiment of establishing a special tax regime "Tax on professional income"». The positive and negative aspects of the functioning of the tax regime are identified and the dynamics of the implementation of the law is studied.

Tools for Assessing the Potential of Industrial Complexes and Territories in the Context of Digital Transformations

2021 ◽  
Vol 26 (11) ◽  
pp. 1200-1209
Author(s):  
V. I. Men’shchikova ◽  
Y. V. Vertakova ◽  
V. I. Drozdov
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Digital Technologies ◽  
Russian Regions ◽  
Telecommunications Networks ◽  
Industrial Enterprises ◽  
Applied Software ◽  
Industrial Complexes ◽  
The Russian Federation ◽  
And Cluster Analysis

conditions for the introduction of digital technologies and its own level of potential. This makes the issues of assessing the digital potential of economic systems at various levels increasingly important. The presented study expands and assesses the concept of the potential of industrial complexes in the context of digital transformations.Aim. The study aims to assess the digital potential of industrial complexes based on the analysis of regional conditions for the use of information technologies and information and telecommunications networks.Tasks. The authors substantiate the urgency of the problem and the experience of solving it; explore the essence of the potential of industrial complexes in the context of digital transformations, summarize approaches to its assessment, characterize the digital potential of the industry; assess the digital potential of the regions of the Russian Federation as specific territories where industrial complexes are located; propose ways of increasing the digital potential of territories.Methods. This study uses general scientific methods of cognition and methods of comparative analysis to develop the general research logic and explore the essence of the examined phenomena and processes. It also uses such methodological tools as analytical introspection (determining the estimated phenomena of the examined object through the analysis of practical materials) and theoretical cognition (grouping and summarizing scientific research in the field of digital transformations in the economy). Methods of applied statistics and cluster analysis are used to examine various aspects of the use of information technologies and information and telecommunications networks in regional Russian organizations. Applied software Excel and IBM SPSS Statistics are used to perform calculations, process and evaluate the information used in the study.Results. The authors conclude that it is necessary to separate digital potential from the structure of potential of industrial enterprises and complexes. Digital potential is described as an opportunity for enterprises to build a more effective management system through digital technologies and/or their implementation in production processes. By using the total placings method and data clustering based on intergroup relations, the authors are able to rank regions of the Russian Federation and group them into six clusters by the degree to which information technologies and information and telecommunications networks are used in organizations. Major directions for increasing the digital potential of Russian regions as specific territories where industrial complexes are located are proposed.Conclusions. The conducted study explores the essence of the potential of industrial complexes in the context of digital transformations, summarizes approaches to its assessment, and determines the essence of the digital potential of the industry; assesses the digital potential of Russian regions as specific territories where industrial complexes are located; proposes ways of increasing the digital potential of territories.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

scholarly journals Legal Personality of an Interpreter in Criminal Proceedings in the Age of Digitalization

Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Information Technologies ◽  
Digital Technologies ◽  
Electronic Format ◽  
Positive Experience ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Foreign Countries ◽  
The Russian Federation

The importance of digitalization in all industries is increasing, especially since the possibilities of information technologies are obvious. Criminal proceedings are no exception. In criminal proceedings, information technologies are generally used in the production of an investigative action or with the transition of the entire criminal proceedings to an electronic format. Digitalization in criminal proceedings can be caused by the search for the optimal way to increase the efficiency of criminal proceedings and create reliable guarantees for the protection of the rights and freedoms of persons involved in the criminal proceedings, the use of information technologies on a single digital platform in the paradigm of decisions and evidence. Therefore, digitalization can play a certain role in making decisions about the participation of a person in criminal proceedings.The concept of "artificial intelligence (AI)" appeared in the middle of the last century, but it is only now that AI itself and its capabilities became of interest to society. Modern electronic dictionaries and built-in translators have become popular. It seems important to take into account the very nature of digital technologies.The paper is devoted to clarifying the question of whether multi-vector and multi-valued information technologies can replace any participants in criminal proceedings or become one of the conditions for creating a basis for such a participant as a translator to enter the sphere of criminal proceedings. We will analyze not only the legislation and law enforcement practice of the Russian Federation, but also the positive experience of legislation and law enforcement practice of some foreign countries.

scholarly journals On Redistribution of Powers between Local Self-Government Authorities and Government Authorities of a Constituent Entity of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 71-75
Author(s):  
Evgeniy Yu. Shagoyko ◽  
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Russian Federation ◽  
Federal Law ◽  
Local Authorities ◽  
Constituent Entity ◽  
The Russian Federation

The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

Questions of employment of convicts to corrective works

2019 ◽  
pp. 76-81
Author(s):  
Анна Владимировна Мусалева
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Legal Regulation ◽  
Place Of Residence ◽  
Professional Activities ◽  
The Russian Federation ◽  
The Right

Статья посвящена наказанию в виде исправительных работ. На сегодняшний день существуют проблемы в правоприменительной практике, обусловленные, в том числе пробелами в законодательстве. На основе анализа обзоров статистических данных по назначению и исполнению данного вида наказания и практики его применения автор приходит к выводу, что существует ряд проблем при реализации исправительных работ при трудоустройстве осужденных, которые можно подразделить на две группы: первая, связанная с исполнением наказания, например, отсутствие разрешения у осужденных иностранных граждан на осуществление в Российской Федерации профессиональной деятельности; вторая - определяющая отбывание наказания, например, отсутствие правовой регламентации ответственности осужденного за нарушения порядка и условий отбывания наказания. В связи с этим автор предлагает пути совершенствования законодательства в области исполнения и отбывания исправительных работ. The article is devoted to punishment in the form of correctional labor, since today there are problems in law enforcement practice, due, inter alia, to gaps in legislation. Based on the analysis of statistical data on the appointment and execution of this type of punishment and the practice of its application, the author comes to the conclusion that there are a number of problems in the implementation of correctional work, which can be divided into two groups. The first group associated with the execution of this type of punishment: the lack of permission of convicted foreign citizens to carry out professional activities in the Russian Federation, for changing their place of residence; the lack of convicts to correctional labor the right to parole; the second-determining the serving of punishment: the lack of legal regulation of the responsibility of the convicted person for violations of the order and conditions of serving punishment. In this regard, the author suggests ways to improve legislation in the field of execution and serving of correctional labor.

Sign in / Sign up

Export Citation Format

Share Document