scholarly journals Protection of the Rights of Crowfunding Participants as an Electronic-Digital Method for Attracting Investments

2020 ◽  
Vol 16 (2) ◽  
pp. 78-82
Author(s):  
D. Е. Matytsin
Keyword(s):  
Russian Federation ◽  
Industrial Revolution ◽  
System Analysis ◽  
High Tech ◽  
Financial Instruments ◽  
Federal Law ◽  
Legal Method ◽  
Transaction Process ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction. The article is devoted to identifying the shortcomings of civil law mechanisms currently in force in Russia to protect the rights and legitimate interests of crowdfunding entities based on technologies of Industry 4.0. The relevance of the declared topic is predetermined by the need for technological improvement of production processes during the period of neo-industrial transformations of the national economy, which, in turn, are impossible without impressive investments.Materials and methods. Researchers’ attention is focused on the Federal Law “On Attracting Investments Using Investment Platforms and Amending Certain Regulatory Acts of the Russian Federation”, the systemic change of which, in the author’s opinion, can solve the complex task of improving the existing set of financial instruments through the use of the latest digital technologies. The author uses the methods of system analysis, the formal legal and comparative legal method of scientific research.Research results. Recognizing the high importance of crowdfunding in a neo-industrial economy, the author devoted his research to the protection of the rights and legitimate interests of entities involved in investment relations. The unresolved issues and the provisions requiring modernization are  analyzed, which are contained in the Federal Law “On attracting investments using investment platforms and amending certain regulatory acts of the Russian Federation”. As a result of the analysis, specific proposals and recommendations on improving the federal law were made.Discussion and conclusions. The necessity of the emergence of new high-tech financial instruments to raise funds, allowing to radically improve the quality of decision-making in all sectors of the economy, including in the field of banking services, as well as significantly accelerate the transaction process, is substantiated. One of these developing instruments for investing in the fourth industrial revolution looking to the future is crowdfunding. The advantages of using crowdfunding and crowdinvesting platforms as investment transaction technologies are revealed.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals Consolidation of municipalities in the newest time

2017 ◽  
Vol 1 (3) ◽  
pp. 117-124
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Town Planning ◽  
Initial Increase ◽  
Rural Settlements ◽  
Federal Law ◽  
Urban Districts ◽  
Legal Method ◽  
The Russian Federation ◽  
Socio Demographic Factors ◽  
Simplified Procedure

The subject. The article is devoted to the analysis of the causes, the process, the consequencesof the enlargement of municipalities in the Russian Federation.The purpose of this paper is to show that with the initial increase in the number of municipalities,many of them turned out to be incapable of effectively addressing local issues andproviding quality services to the population. In this regard, the reverse process began – theconsolidation of municipalities. As a result, the number of municipalities, especially the rurallevel, has dramatically decreased. The enlargement of municipal formations went arbitrarily,without taking into account the infrastructural and historical unity of the unified urbansettlements.The methodology. The author uses a dialectical method, a method of analysis and synthesis,a formal legal method, a comparative legal method.Results, scope of application. 03.04.2017 Federal Law No. 62-FZ is adopted, which providesfor the transformation of municipal raions and constituent urban and rural settlements intourban districts according to a "simplified procedure", that is, with the consent of the populationexpressed by the representative body of the municipality. In parallel, under considerationin the legal department of the State Duma of the Russian Federation there is a billintroduced by deputy A.P. Markov, offering to introduce a new type of municipal formation– the rural district. In rural districts it is proposed to unite settlements in rural municipalareas. The implementation of this bill will lead to the mass elimination of rural settlements.Actually there are no accurate and exhaustive legislative provisions regulating the territorialboundaries of urban districts, forms of the transformation and abolition of municipalities;moreover, local political and economic elites persistently seek to preserve the single tiermanagement system developed over the decades. As a result of these blemishes, within administrative areas of some RF constituent entities, there are urban districts that consist of the large not urbanized territories with a poorly developed transport, social, economic infrastructure and without any common development goals. The authors conclude that the bias towards municipalities' consolidation in many RF constituent entities is justified and caused by ignoring of the vertical command relations in former areas. At the same time, they point out the need to take into account the town-planning, economic and geographical, socio-demographic factors while transforming municipal areas into urban districts, otherwise, all these transformations are fictitious and turn into revising of powers by local elites.Conclusions. The municipal legal policy of consolidation of municipal entities is aimed at liquidating the settlement level of local self-government, which directly contradicts Part 1 of Art. 131 of the Constitution of the Russian Federation, which establishes the implementation of local self-government by the population, first of all, at the primary, settlement level. 

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

scholarly journals Spheres of State Policy of the Russian Federation from the Perspective of Nation-Building: Correlation Priorities and Mechanisms

2020 ◽  
pp. 18-34
Author(s):  
O. V. Bakhlova ◽  
I. V. Bakhlov
Keyword(s):  
Content Analysis ◽  
Russian Federation ◽  
State Policy ◽  
Cultural Policy ◽  
Management Practices ◽  
System Analysis ◽  
National Policy ◽  
Nation Building ◽  
Legal Method ◽  
The Russian Federation

Aims: to determine the General and special characteristics of official documents in the fields of state cultural policy, state youth policy and state national policy of the Russian Federation in terms of their interaction in terms of positions relevant to the perspective of nation-building.Methods: informal content analysis of documents, formal legal method, methods of comparative and system analysis, content analysis of the content of Internet resources, contextual analysis of political discourse.Results and discussion: the specifics of regulatory regulation of these areas are analyzed, the degree of their legislative institutionalization is revealed, and vulnerabilities that prevent greater correlation are shown. The content of the official websites of Federal government bodies and their structural divisions responsible for the formation and implementation of state cultural, youth and national policies and Advisory bodies under them is studied, taking into account the coverage of planned and ongoing events and initiatives. The provisions that emphasize the issues of present and future States in certain spheres that are fundamental for official and theoretical discourse in the context of nation-building trends are outlined.Conclusion: the existing documents and mechanisms provided for by them ensure a fairly high degree of integration of various spheres of state policy of the Russian Federation. At the same time, they need to achieve a better balance of the main goals, tasks, and implementation mechanisms. Some forward-looking estimates for these areas in the medium term are justified, allowing for the probability of individual adjustments, including in the legislative sphere. At the same time, we recommend measures to improve management practices based on transformed paradigm approaches, primarily to the sphere of culture. The author argues for linking the proposed amendments within the framework of the constitutional reform with the guidelines of nation-building and priorities fixed in the spheres of state policy.

MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 133-147
Author(s):  
Eugenia R. Bryukhina ◽  
◽  
Ekaterina A. Chertkova ◽  
◽  
Keyword(s):  
Conflict Resolution ◽  
Russian Federation ◽  
Federal Law ◽  
Family Mediation ◽  
Separate Type ◽  
Legal Method ◽  
The Status ◽  
The Russian Federation ◽  
Mediation Agreement ◽  
Goals And Objectives

The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.

scholarly journals On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims

Legal Concept ◽  
2020 ◽  
pp. 123-127
Author(s):  
Anna Zemskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Foreign Nationals ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.

scholarly journals Russia’s Strategy in the African Direction: what has Changed Since the Russia-Africa Summit 2019?

2021 ◽  
Vol 65 (12) ◽  
pp. 68-78
Author(s):  
I. Abramova ◽  
L. Fituni
Keyword(s):  
Russian Federation ◽  
Strategic Alliances ◽  
Industrial Revolution ◽  
High Tech ◽  
African Continent ◽  
African Countries ◽  
Strategic Development ◽  
Goods And Services ◽  
Qualified Personnel ◽  
The Russian Federation

More than two years have passed since the first Russia-Africa Summit and Economic Forum, which were successfully held in Sochi in October 2019. The very fact of holding an event of this magnitude testifies both to the historical “turn” of the Russian Federation towards the African continent, and to the unprecedented enthusiasm of the African side about the “return” of Russia to Africa. The task facing the organizers of the next Russia-Africa Summit is to consolidate and build on the success achieved in October 2019. Obviously, the second forum should not be a repetition of the first, but a qualitatively new step in the development of Russian-African relations, therefore, its meaningful content needs to be substantially enhanced and expanded. It is necessary to move from the formulation of goals and objectives of Russian policy in the African direction to the implementation of specific projects and the development of a mechanism and tools for mutually beneficial cooperation. It is vital to show the Africans exactly how Russia differs from other partners of the continent, and to highlight those areas of cooperation that can contribute to the implementation of the strategic development tasks of the Russian Federation and the African continent. The authors of the article posit, that the key link in our relations in the near future, which will be attractive for African countries and will contribute to the successful economic development of the Russian Federation, can be the development of bilateral opportunities for technological partnership, since it becomes for the interacting parties a driver for the development of their economies in the context of the fourth industrial revolution and an incentive to create new strategic alliances. In a post-pandemic world, the demand for Russian technologies in Africa can grow significantly, since Russia has high competencies in precisely those areas that are most in demand today on the African continent. The transfer of Russian technologies, as well as cooperation in the scientific field, are not only beneficial to Russia in terms of image, presenting Moscow as a force contributing to the advanced development of Africa and strengthening its economic sovereignty. It allows our country to form an army of its supporters in the states of the continent by solving the problem of overcoming technological backwardness and training qualified personnel who will master and promote specifically Russian technological solutions. In addition, Russia receives a vast “testing ground” for processing and improving its technologies, which are in demand by the fast-growing young African population, and a huge market for Russian high-tech goods and services, which is so necessary for many Russians, including regional, manufacturers who are ready to increase their production, but experience difficulties in marketing their produce.

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