Advantages, problems, and prospects of legal regulation of the digital economy in the Russian Federation

2020 ◽  
Vol 22 (5) ◽  
pp. 41-44
Author(s):  
NOWROZ SOBIT AHMADZODA ◽  
Keyword(s):  
Data Storage ◽  
Russian Federation ◽  
Social Life ◽  
Service Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Digital Data ◽  
Security And Privacy ◽  
The Russian Federation

The article analyzes the problems and formulates proposals aimed at improving regulation and developing the digital economy. The problem of information security and privacy protection is especially acute when considering Big Data, which are the most important object links. Russian legislation specifies certain legal aspects for special processing of information with particular value. The national program “Digital Economy of the Russian Federation” analyzed in the article covers all spheres of economic and social life, has a detailed roadmap, the implementation of which is provided until 2024, and involves scientifically based selection of resources, training professionals, developing talented youth, as well as increasing interest and improving the computer literacy of the population on the Internet. The article outlines public and private prospects for the implementation of the digital economy in all areas of production, economic activity, and the service sector. It was determined that it is necessary to standardize data processing, create adequate data storage facilities, ensure their uninterrupted operation, create conditions under which digital data cannot be lost, and also create tools for assessing the services provided. It was revealed that there is a shortage of both highly professional personnel and personnel providing education and training of specialists. Existing educational programs and standards need to be improved. The problems of introducing the digital economy are outlined. The author proposes a number of changes to the current legislation in order to improve the regulation of the development of the digital economy.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

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.

LEGAL ASPECTS OF THE RIGHT OF A CITIZEN OF THE RUSSIAN FEDERATION ON THE STORAGE AND DISTRIBUTION OF PERSONAL DATA IN TERMS OF SOCIAL DEVELOPMENT AND WORLD GLOBALIZATION

2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Information Technologies ◽  
Human Life ◽  
Personal Data ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
The Right

The modern society, having entered a way of postindustrial (information) progress, has unlimited access to various information technologies. The modern person can’t imagine his life without Internet network, mobile communication and instant messages, e-mail, electronic payments and credit cards. However, «simplification» of modern human life entails set of infringements in the sphere of constitutional and civil human rights. The basic feature of legal regulation of the right of a citizen of the Russian Federation on the storage and distribution of personal data in terms of social development and world globalization is conformity of laws to basic issues of the Constitution of the Russian Federation and practical applicability.

scholarly journals Energy security as a kind of public security: doctrinal-methodological and criminal-legal aspects of implementation

2021 ◽  
Vol 60 (1) ◽  
pp. 87-96
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Security ◽  
Legal Policy ◽  
Energy Complex ◽  
The Russian Federation

The subject of the study is the strategic directions of ensuring public security in the Russian Federation at the present stage. One of the directions of ensuring public safety is recognized as the safety of the fuel and energy complex. In this regard, the analysis of the state, structure and dynamics of crime in the fuel and energy complex is carried out. Attention is focused on the implementation of the Russian criminal law policy in the field of combating crime in the fuel and energy complex, taking into account the norms of international law. The purpose of the study is to uncover the elements of crimes in the fuel and energy complex that constitute the crime of this orientation. Particular attention is paid to the consideration of a set of measures for the prevention and prevention of this type of crime, taking into account the interaction of measures of a criminal, criminological and administrative nature. The methodological basis for the study of measures to combat crime in the fuel and energy complex is a combination of general scientific and private scientific methods that have predetermined a comprehensive approach to the study of legal policy in the field of countering this type of crime, taking into account the ongoing reform of the socio-economic system in the Russian Federation. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of legal liability for fuel and energy crimes. The main results of the study contain conclusions and proposals aimed at improving measures to counteract crime in the field of the fuel and energy complex, including improving the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering encroachments of the fuel and energy sector. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed crimes in the field of fuel and energy complex. The novelty of the research topic consists in the formulation of the problem associated with the establishment of the causes and conditions of crimes of fuel and energy orientation as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crime in the field of fuel and energy complex. The conducted research reveals the legal nature of crime in the fuel and energy complex; features of measures to counteract crimes of fuel and energy orientation; trends in the legal regulation of fuel and energy crimes; the specifics of the mechanism of legal regulation of legal liability for fuel and energy crimes. The opinion is expressed that there is no categorical and legal assessment of the concept of fuel and energy crimes in the domestic legislation, which predetermined the recognition of measures of criminal and legal influence as a strategic resource for countering fuel and energy crime. Conclusions are formulated about the factors that determine the legislative regulation of fuel and energy crimes, and the specifics of the implementation of punishment and other measures of a criminal nature.

scholarly journals Constitutional Law Aspects of the Investment Policy of Constituent Entities of the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 51-53
Author(s):  
Elena S. Ustinovich ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Comprehensive Analysis ◽  
The State ◽  
Investment Policy ◽  
Investment Activity ◽  
Investment Policies ◽  
Main Research ◽  
The Russian Federation

Investment activity plays one of the key positions in the development of the state economy. A large number of socially and economically significant problems are solved by attracting investments in the economy of the region or the state as a whole. Effective investment processes increase the competitiveness of the subject, contribute to economic growth. Therefore, an important issue is the constitutional and legal regulation of this area of activity. The purpose of this article is a comprehensive analysis of the constitutional and legal aspects of regional investment policy in the Russian Federation. The main research method is interdisciplinary political-legal and political-economic. The use of the first allows for a comprehensive analysis of the constitutional and legal aspects of investment policy at the level of the regions of the Russian Federation. The second is to assess the state of organizational, managerial, political and legislative efforts of individual regions to develop their investment policies and create best practices.

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