scholarly journals BILL OF LADING IN LEGAL REGULATION OF FOREIGN TRADE ACTIVITY: FROM PERSONAL SUBSCRIPTION TO ELECTRONIC CRYPTO CODE

2019 ◽  
Vol 23 (3) ◽  
pp. 375-393
Author(s):  
Agnessa O. Inshakova ◽  
Alexander I. Goncharov
Keyword(s):  
Foreign Trade ◽  
Legal Regulation ◽  
International Agreements ◽  
Maritime Trade ◽  
Electronic Document ◽  
Scientific Methods ◽  
Electronic Documents ◽  
Bill Of Lading ◽  
Legal Instrument ◽  
Trade Deals

Sea freight was and remains the most popular way of cargo delivery. Transportation of goods by sea routes plays a crucial role in the economy of most countries. The bill of lading acts as a legal instrument and guarantees the interests of participants in foreign trade deals and has a complex legal nature, due to its functionality. The use of electronic documents for formalizing relations between the participants in the maritime transport of goods has become possible due to the rapid development and widespread introduction of information technologies into the property turnover. In the period of digitalization of the Russian economy, the study of the legal regulation of the bill of lading accompanied by special computer software products is relevant and significant. The main purpose of the article is to disclose the essential characteristics of a bill of lading as a trading, title-bearing security from the perspective of the evolutionary development of this legal instrument over several centuries. The authors formulate a number of recommendations for the expanded implementation of electronic document circulation in maritime trade, arguing that, along with the adopted legal acts, should clarify the use of electronic documents when transporting goods by sea. In the Russian Federation, the rules on bills of lading must be supplemented by international agreements, additionally adopt a number of national legal acts in this sphere. The theoretical basis of the research was the studies of Russian and foreign investigators, which examine the relations of entities applying bills of lading in foreign economic activity (Vilkova, 2004; Golubchik, Katykha, 2017; Dubovec, 2006; Inshakova, Kalinina, Goncharov, 2019; Skaridov, 2018 et al.). Methodologically, the present research is based on the authors' materialistic worldview. General scientific methods were used: dialectic, inductive, deductive, analysis, synthesis, generalization, etc., as well as particular scientific methods: formal legal, comparative legal, etc.). As a result of the scientific analysis for the expanded implementation of electronic document circulation in maritime trade, along with the adopted legal acts, the authors proposed to specify the use of electronic documents for the carriage of goods by sea. The rules on bills of lading must be supplemented by international agreements, and a number of national legal acts in this area should be adopted. Suggestions for Smart applications to bills of lading and electronic registration of microchips, which should mark the goods moved by foreign trade deals, which will positively affect the increase of the rule of law at the domestic level through more precise electronic customs, tax, currency control. It is substantiated that in the aspect of the implementation of economic relations, digital registration acts a preventive and prophylactic function - reducing potential conflicts. To realize the benefits of smart applications to bills of lading, it is recommended to develop and adopt a set of legal norms of legislative and sub-legal level governing public relations in the digital economy, implementing these smart applications to bills of lading implementing business practice and inter-jurisdictional polysubject blockchain.

scholarly journals Paperless Trade: Evaluation of the Current Situation & towards the Integrated Single Foreign Trade Document

2017 ◽  
Vol 9 (2) ◽  
pp. 1 ◽  
Author(s):  
Mustafa Emre Civelek ◽  
Nedret Seçkin
Keyword(s):  
Foreign Trade ◽  
Current Situation ◽  
Electronic Document ◽  
Electronic Process ◽  
Electronic Documents ◽  
Online Platform ◽  
Legal Validity ◽  
Payment Methods ◽  
Process Studies

Electronic documents began to take the place of the paper documents that are being currently used in foreign trade. In this study, it is mentioned of topics such as what are electronic documents, how are they regulated and what tools are needed to have legal validity. It also covers the developments about examples of electronic documents and electronic process studies in the international field. It is expected that the number of documents used will decrease and also the complex payment methods will eliminate in the process of transition to electronic document use. As a result, it is recommended to use a single integrated foreign trade document in this study. In this way, it is predicted that foreign trade transactions can be executed through an online platform where all parties involved in foreign trade transactions will come together.

scholarly journals Electronic Evidence in the Civilistic Process

2021 ◽  
Vol 1 ◽  
pp. 74-79
Author(s):  
N. A. Nikitashina ◽  
◽  
K. V. Maryasov ◽  
Keyword(s):  
Traditional Approach ◽  
Legal Regulation ◽  
Electronic Document ◽  
Sources Of Information ◽  
Electronic Documents ◽  
Computer Tools ◽  
Electronic Evidence ◽  
Information Interaction ◽  
Evaluation Of Evidence ◽  
Electronic Sources

The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).

scholarly journals LEGAL ISSUES FOR ELECTRONIC DOCUMENTS WORKFLOW REGULATION

2020 ◽  
Vol 12 (1) ◽  
pp. 293-318
Author(s):  
Ainur K. Kussainova ◽  
Duman O. Kussainov ◽  
Bolat S. Zhumagulov ◽  
Zhomart K. Simtikov ◽  
Baurzhan O. Zhangutin
Keyword(s):  
Legal Regulation ◽  
International Standards ◽  
Document Management ◽  
Electronic Document ◽  
Electronic Documents ◽  
General Law ◽  
Separate Branch ◽  
Electronic Document Management ◽  
Document Flow ◽  
Information Interchange

Purpose ”“ The main purpose of the paper is to analyze the problems of legal regulation of relations in the field of electronic document management. Methodology/approach/design ”“ The paper employs methods of comparative law and analytical, which determine the possibility of integrating international standards for the regulation of electronic document flow. Findings ”“ Electronic document flow is becoming an integral part of the most diverse areas of economic activity of any enterprise. The document flow contains elements of the general law of regulation and reaffirms the necessity of following specific instructions. Its electronic form allows the information interchange between subjects of economical and legal activity. This defines the possibility of the formation of a separate branch of legal regulation in the document flow. The possibility of the structuring and correlation of an informational and another branch of the law for the aim of complex usage of an electronic document flow is viewed as a separate aspect. Practical implications ”“ Material of the article may be useful in matters of regulation of the legislative system of document management. Originality/value ”“ The novelty of the study is that the article examined in detail the mechanism of electronic document management in different countries.

scholarly journals ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS

2020 ◽  
Vol 30 (4) ◽  
pp. 561-567
Author(s):  
A.A. Nasonov ◽  
R.Yu. Malueva
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Electronic Materials ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Electronic Documents ◽  
Legal Proceedings ◽  
Legal High

The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.

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.

The phenomenon of “legal force”: methodological approaches

2021 ◽  
pp. 22-38
Author(s):  
Elena A. Larina
Keyword(s):  
Public Relations ◽  
Scientific Methods ◽  
Electronic Documents ◽  
General Scientific ◽  
Integral Element ◽  
Methodological Approaches ◽  
Legal Force

The study reveals some of the phenomenon of legal force features, which is an integral element of regulatory legal acts, as well as contracts, electronic documents that act as regulators of public relations. The purpose is to determine the methodological approaches with the help of which it is pos-sible to study this phenomenon more fully, as well as to identify the short-comings of the existing approaches. The dialectical-materialistic method, general scientific methods, special legal methods are used as methods. In the course of the research, we turn to such methodological approaches as histori-cal, logical, hermeneutic, comparative, systemic, synergistic, humanistic, cy-bernetic, structural, functional. A brief description of them is given (the fea-tures are determined, the views of legal scholars on these methodological ap-proaches and the applicability of such approaches in relation to the study of the phenomenon of legal force are reflected). We come to the conclusion about the insufficiency of the currently existing research methodological ap-proaches in relation to the category of “legal force” and determine some prospects for the development of this topic. We prove that methodological approaches allow us to study not only the features of the category of “legal force” (classification, purpose, etc.), but also the specifics of acts, documents, the process of their adoption, application.

scholarly journals Digital Tokens in the Tools of Modern Foreign Trade Activities by Economic Entities of the BRICS Jurisdictions

Legal Concept ◽  
2019 ◽  
pp. 31-42 ◽  
Author(s):  
Alexander Goncharov ◽  
Marina Goncharova
Keyword(s):  
Foreign Trade ◽  
Historical Materialism ◽  
Scientific Paper ◽  
Legal Regulation ◽  
The Internet ◽  
Internet Resources ◽  
Great Hope ◽  
Legal Structures ◽  
General Scientific

Introduction: computer algorithmization of production, transport, communication and other processes, which is actively distributed across the countries of all the continents, has received a special name – digitalization of the economy. The speed and independence from distance, in particular, the interworking algorithms for attracting investments are perceived by entrepreneurs with great hope for success. According to the authors of the paper, by 2022 the financial digital technologies can replace up to 28 % of traditional banking and payment transactions, up to 22 % of insurance and foreign trade financing transactions. In the short term, the relevance of introducing the legal regulation of digital investment tokens will be duly evaluated, so long-term foreign trade projects for long-term supply of goods, in particular, by the economic entities of the BRICS jurisdictions, will receive increasing financial support. In the scientific paper, the authors studied the activities of the Russian legislators on forming the legal regulation of the digital economy for the purpose of identifying their mistakes and shortcomings, as well as substantiating recommendations for the consolidation in the legislation of the viable legal structures which can be used by the economic entities of the BRICS jurisdictions in long-term foreign trade transactions that require large financial resources for a period of 1 year or more. Relying entirely on the materialistic worldview and the general method of historical materialism the authors used the general scientific and specific scientific (comparative law, normative-dogmatic, statistical, hermeneutic) methods for the study. As a result, the authors proved that the development of ICO investments would continue rapidly. The growing popularity of ICO will promote the technical “base” of the token market and strengthen the crypto protection of smart contracts and transactions within their performance. Tokens, as digital crypto records on the Internet resources, used by the participants of foreign trade transactions of the BRICS jurisdictions – the organizers of investments, by 2022 will become the usual investment instruments, such as bonds or shares. The conclusions and recommendations on the correction of the Russian bills are formulated; the proposals for improving the infrastructure of remote investments in the Internet space of modern Russia are given. On the basis of a critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of the studied tools of remote digital interaction of investors and organizers of investment of long-term foreign trade transactions, which can be carried out including the economic entities of the BRICS jurisdictions.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

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