scholarly journals Legal regulation of crypto assets in Switzerland

2020 ◽  
pp. 1-10
Author(s):  
Ilya Mikhailovich Lifshits ◽  
Alina Vitalievna Loseva
Keyword(s):  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fund Raising ◽  
Legal Regime ◽  
Special Contribution ◽  
European Languages ◽  
Different Types ◽  
The Subject ◽  
Complex Regulation

The development of cryptocurrency markets make the investors to seek for most convenient jurisdictions from the perspective of legal regulation. The countries commonly associated with the developed financial legal systems are often fasten attention. One of such financial hubs is Switzerland, which just starts to form the approaches towards creation of legal regime for operations with virtual assets. The subject of this research is the Swiss legal acts in area of securities, licensing, taxes related to regulation of cryptocurrency, as well as reports of the supervisory authorities for Swiss financial market on the matter. The object of this research is the legal framework for regulation of mining activity. The authors examine the rules dedicated ti the questions of licensing of the activity related to operations with different types of tokens. Special attention is given to the question of taxation of the income received from operations with cryptocurrencies. The author’s special contribution consists in comprehensive analysis of foreign sources presented on the three European languages. Having analyzed the legislation of Switzerland, the conclusion is made that similar to many developed countries, Switzerland has not created a complex regulation of operations with cryptocurrencies. At the same time, the normative acts that regulate certain aspects of circulation of crypto assets, such as fund raising in terms of tokens distribution and taxation have been adopted. Regulation of crypto assets often depends on the qualification of different types of tokens, in other words, their regime is consigned to the operations with such assets that are most similar to the corresponding type. The increase of operations with crypto assets will soon inevitably result in creation of a more accurate legal regime

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Problems of Debt Collection Legal Regulation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Марина Белобабченко ◽  
Marina Belobabchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Consumer Loans ◽  
Primary Activity ◽  
Legitimate Interests ◽  
The Subject ◽  
Debt Collection ◽  
State Registration

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

scholarly journals Methods to the Principle of Austerity in European Linguistics

2019 ◽  
Vol 8 (3S) ◽  
pp. 176-178
Keyword(s):  
Drop Out ◽  
Main Theme ◽  
European Languages ◽  
Different Types ◽  
The Subject

The subject of austerity is deeply studied in European linguistics. A great deal of research has been done on the subject, especially in French, Spanish, Russian and English. We examined the extent of the drop-out event in European languages, mainly in French, Russian, and English. This topic is very elaborate in English. An analysis of a case study of the principle of austerity shows that linguists often overlook the easy recovery of sentence fragments in the analysis of different types of sentences. Therefore, their analysis shows the confusion of words and incomplete sentences. The main theme of the article is to analyze the principle of austerity in European languages with the comparison of Uzbek language.

scholarly journals Organizational, Legal And Financial Approaches To Improving Startup Support Mechanisms: On The Example Of The Republic Of Korea

2021 ◽  
Vol 3 (05) ◽  
pp. 79-85
Author(s):  
Khursanov Rustam Kholmuratovich ◽  
Keyword(s):  
Innovation System ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
National Innovation System ◽  
Republic Of Korea ◽  
National Model ◽  
Support Mechanisms ◽  
The Republic ◽  
System Today

In fact, the development of startups plays an important role in shaping the national innovation system of the country, further increasing the share of innovation in the economy, creating new types of goods, works and services. Although there is no separate law in our country directly regulate the activities of startups, there are dozens of laws that indirectly cover this area. It is natural that the existing legal framework in this area will serve as a legal regulator in the development of startups in the country and the formation of a national innovation system. Today, the models of developed countries in the legal regulation of innovative activities are used as an example by many developing countries. The national model of innovative development of the Republic of Korea is one of them.

scholarly journals Corporations and Corporate Financial Instruments in Russian and Foreign Law

2021 ◽  
pp. 285-320
Author(s):  
R. V. Chikulaev ◽  
◽  
Keyword(s):  
Legal Status ◽  
Developed Countries ◽  
Legal Regulation ◽  
Financial Instruments ◽  
Legal Systems ◽  
Legal Regime ◽  
Financial Instrument ◽  
Corporate Rights ◽  
The World ◽  
Legal Forms

Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.

The Role of the Federal Budgetary Investments in Ensuring the Socio-Economic Development of Russia in 2019–2021

2019 ◽  
Vol 12 (3) ◽  
pp. 48-58
Author(s):  
R. A. Alandarov
Keyword(s):  
Economic Development ◽  
Socioeconomic Development ◽  
Federal Budget ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Investment Planning ◽  
Socio Economic Development ◽  
Investment Structure

The paper describes the specifics of planning federal budget allocations for budgetary investments in 2019–2021.The relevance of the paper is due to the fact that Presidential Decree No. 204 of May 07.2018 sets the goal for Russia to break into the top five world economies and ensure economic growth rates exceeding the world rates while maintaining the macroeconomic stability. The subject of the research is federal budget allocations for budgetary investments. The purpose of the research was to assess the volume, dynamics, structure and legal support of budgetary investments to ensure their compliance with the objectives of the socio-economic development of Russia. Based on a dynamic structural analysis of the federal budget investments as well as a comparative analysis of fixed investments in Russia and developed countries, it is concluded that there is a need to enhance the fixed asset investments by increasing budgetary investment amounts along with encouraging private investing by the population and businesses. Apart from increasing capital investments from the federal budget, it is also important to update the budgetary investment structure with a focus on the main socioeconomic development targets. The analysis of the legal regulation in the field of budgetary investments showed the necessity to refine the existing legal framework to improve the quality of the budgetary investment planning. Following the analysis of factors hindering the growth of private investing, proposals were made on to how to improve the investment climate in the Russian Federation.

FORMATION OF HORIZONTAL AND VERTICAL STRUCTURES OF THE RUSSIAN LEGISLATION IN THE CONDITIONS OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES

2020 ◽  
Vol 10 (2) ◽  
pp. 132-138
Author(s):  
INNA BARZILOVA ◽  
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal System ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Regime ◽  
Vertical Relationships ◽  
Horizontal Connections ◽  
The Subject ◽  
Technical Rules

The purpose of the research. The article discusses the problems of forming horizontal and vertical ties in Russian legislation system. The process of transformation of the Russian legal system in the context of the development of digital technologies, the ongoing changes in the modern mechanism of legal regulation are analyzed. The purpose of the research is to establish and identify the features of existing horizontal and vertical relationships that exist and arise between normative acts included in the system of legislation. This is necessary to determine the main directions for the development of the Russian legal system in the context of digital technologies. Results. As a result of the research, the author comes to the conclusion that vertical and horizontal connections can be distinguished in the system of Russian legislation. The subject of legal regulation and the system of public administration are singled out as grounds. In the context of the development of digital technologies, it is advisable to supplement these criteria with a more subjective approach and the legal regime used in the field of legislation. The author comes to the conclusion that vertical and horizontal links between normative acts are formed at the level of the legal system, while the legal system is characterized by the presence of only horizontal links. The legal system is much larger than the legislative system. The legislative system includes not only normative legal acts, but also various technical rules and regulations. In the system of legislation, it is possible to distinguish separate complex entities that regulate a certain sphere of public relations. Having a man-made nature, the legislative system can respond more quickly to changes in public life. The author concludes that it is necessary to use a more differentiated approach in determining the branches of the legislative system. Here, too, the subject approach can be used as a solution.

scholarly journals Legal regulation of digital services taxation in the European countries

2020 ◽  
pp. 32-46
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
Practical Significance ◽  
Normative Documents ◽  
Theoretical Substantiation ◽  
Digital Services ◽  
The Subject ◽  
Scientific Value

The relevance of this research is defined by the fact that in modern realities, the economic activity is carried mostly by means of digital technologies, which requires amendment of legal regulation of the economy overall and tax relations in particular. The subject of this research is the normative documents of separate European countries (Austria, Hungary, Greece, Italy, and France) adopted in recent years and aimed at regulation of taxation of the digital international groups of companies. The goal of this work consists in determination of legal framework for implementation of digital services tax in certain Western European countries, as well as in identification of the problems caused thereof. Practical significance and scientific value of this work lies in the detailed description and systematization of the normative legal acts of the European countries that established the digital services tax on a unilateral basis, which made the information on promulgated laws within the framework of reforms in the European tax system more accessible for the Russian researchers. Based on the analysis of theoretical sources, the author outlines the legal problems and consequences of implementation of the new tax. The conclusion is made that digital services tax requires further theoretical substantiation and more detailed elaboration for overcoming legal uncertainty and compliance with the international legal framework.

scholarly journals Animals in the system of objects of civil rights

2020 ◽  
Vol 2020 (1) ◽  
pp. 81-85
Author(s):  
Sergey Tychinin ◽  
Ekaterina Koroleva
Keyword(s):  
Civil Rights ◽  
Natural Habitat ◽  
Practical Importance ◽  
Legal Framework ◽  
Legal Regulation ◽  
Wild Animals ◽  
Unified Approach ◽  
Legal Regime ◽  
Legal Standards

In the article, the authors pay attention to the place and significance of animals in the system of civil rights objects. The article provides a General analysis of legal acts that fix the specifics of the legal regime of animals. The article analyzes the specifics of the legal regime of animals. Special attention is paid to the analysis of the place of animals in the system of civil rights objects. The authors raise the issue of the absence of a unified concept of an animal in the current legislation, and also draw attention to the lack of a unified approach to the classification of animals, which may be of practical importance when applying legal standards in the field under consideration. The authors analyze the features of legal regulation of the involvement of wild animals and animals removed from their natural habitat. The authors conclude that there is currently a fairly logical and consistent legal framework in place for wild animals, but due attention is notpaid to the specifics of the legal regime for animals removed from their natural habitat. The article attempts to determine the types of animals whose legal regime features are provided for in the current legislation. The article indicates that new regulatory legal acts are currently being adopted on the treatment of animals, in particular, the concept of potentially dangerous dogs has been introduced into legal circulation.

scholarly journals Legal regime of natural resource management in Canada

2020 ◽  
pp. 38-47
Author(s):  
Iaroslav Manin
Keyword(s):  
Resource Management ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Legal Regulation ◽  
Resource Usage ◽  
Legal Regime ◽  
Resource Rent ◽  
Use Of Resources ◽  
The Subject ◽  
Usage Analysis

The subject of this research is the legal regime of natural resource management in the Canadian Kingdom as an example of one of the best sectoral practices of legal regulation of natural resource usage. Analysis is conducted on the normative legal acts that regulate rights to natural resource usage, delimitation of jurisdiction to “central” and “regional”, management in the area of natural resource. The object of this research is the natural resource usage relations in Canada. Special attention is given to the licensing of Canadian natural resource usage, determination of the types of licenses, and procedure of licensing. The author examines the relevant topics of taxation and fiscal stimulation of natural resource users, foreign investment, geological exploration, national and local legislation, right of indigenous peoples to natural resources, etc. The scientific novelty consists in demonstrating the current “picture” of legal regulation of natural resource usage in Canada. On the example of this kingdom, as the subject of right to ownership and use of resources, the author suggest considering an allotted plot of resources within its boundaries, while unallocated plots of resources should be counted as part of a single reserve of undistributed land (single object of law). The author proposes to conduct a mass geological survey of the Russian shelf in accordance with the Canadian model, implementation of the practice of attracting foreign investments, tax incentives, resource rent for the Russian citizens through legal construct of retirement savings, application of corporate restrictions following the example of Canada.

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