scholarly journals Рыночной экономике – рыночные законы

Author(s):  
I.M. Konovalenko

Ассоциация независимых российских семенных компаний (АНРСК) системно продвигает свою позицию на всех уровнях власти. Одним из самых основных вопросов в работе ассоциации на сегодняшний день остается приведение законодательной и нормативно-правовой базы в отвечающее и дающее развиваться отрасли русло. Цель работы: проанализировать современную законодательную и нормативно-правовую базу в сфере селекции и семеноводства овощных культур и выявить в ней проблемные области, требующие принятия соответствующих поправок. При анализе использовали абстрактно-логический метод, включающий совокупность приемов индукции и дедукции, анализа и синтеза, аналогии, сопоставлений, системно-структурный анализ, методы формализации, моделирования, прогнозирования. Обосновано, что только став конкурентоспособным, сельское хозяйство и отдельные его отрасли, могут получить часть мирового рынка, в котором сегодня по целому ряду отраслей Россия серьезно уступает другим государствам. Показана роль частных селекционных компаний, мировых зон товарного семеноводства и ассоциаций в формировании цивилизованного рынка семян овощных культур. Дается определение стран с европейской и американской моделью законодательной базы. Приводятся факты поддержки государством селекционных компаний за рубежом. Сделан вывод о том, что во всех странах, в которых работают селекционные и семеноводческие компании, со стороны государств системно создаются благоприятные условия для их развития. Поэтому, если сегодня в РФ ставятся задачи импортозамещения и создания экспортного потенциала, нужно объективно взглянуть на состояние отечественной селекции и семеноводства овощных культур, определить их путь развития и создать под это соответствующую законодательную и нормативно-правовую базу. Нужны грамотные системные профессиональные решения, соответствующие законодательные и нормативно-правовые акты, а также снижение административной нагрузки.The Association of independent Russian seed companies (AIRSC) systematically promotes its position at all levels of government. One of the most important issues in the work of the Association today is to bring the legislative and regulatory framework in line with the development of the industry. Objective: to analyze the current legislative and regulatory framework in the field of selection and seed production of vegetable crops and identify problem areas that require the adoption of appropriate amendments. The analysis used an abstract logical method that includes a set of methods of induction and deduction, analysis and synthesis, analogy, comparisons, system-structural analysis, formalization, modeling, and forecasting. It is proved that only by becoming competitive, agriculture and some of its branches can get a part of the world market, in which today Russia is seriously inferior to other countries in a number of industries. The role of private breeding companies and world zones of commodity seed production and associations in the formation of a civilized market for vegetable seeds is shown. The definition of countries with the European and American model of the legal framework is given. The facts of state support for breeding companies abroad are given. It is concluded that in all countries where breeding and seed companies operate, favorable conditions for their development are systematically created by the States. Therefore, if today the tasks of import substitution and creation of export potential are set in the Russian Federation, it is necessary to take an objective look at the state of domestic selection and seed production of vegetable crops, determine their path of development and create an appropriate legislative and regulatory framework for this. We need competent system professional solutions, appropriate legislative and regulatory acts, and reducing the administrative burden.

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Liudmyla Panova ◽  
Vitalii Makhinchuk

The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.


2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.


Author(s):  
Yana Hapochka ◽  
◽  
Nataliia Tokareva ◽  

The article presents the results of theoretical and scientific research of the ways of application of basic theoretical and methodological concepts formed in the field of tolerance research by developers and followers of liberal philosophical direction through integration of these ideas into the dimensions of modern inclusive education. Describes and analyses the problems of formation and development of the phenomenon of tolerance in the paradigm of the liberal philosophical direction. The range of these studies is focused on current trends in tolerance in the context of development of the collective consciousness of a civil society. The attempt is made to make distinctions between the definitions of "tolerance" and "indulgence". The current tendencies of tolerance in the context of formation of the state system on democratic principles, based on the need for peaceful and legal resolution of conflicts, understanding and realization of civil liberties of individuals and various social groups, avoidance of discrimination and civil society development are studied and updated. The internal contradictory nature of tolerance is argued, through the following provisions: unlimited indulgence leads to the disappearance of indulgence; tolerant do not tolerate the intolerable, tolerance combines ideas and interests that contradict each other. Particular attention is paid to revealing of prospects for development of inclusion in the modern educational environment as one of the main components of formation of an active tolerant position in a society. The list of necessary competences which provide comfortable interaction of norm-typical children with children with possible educational needs is resulted. Some criteria for manifestation of an active tolerant attitude to inclusion in the general educational environment are proposed. Given the complexity and multifaceted nature of the phenomenon of tolerance, the main purpose of the study was to clarify the main ideas of the liberal philosophy of the concept of tolerance, as well as to identify the prospects for inclusion as a separate manifestation of tolerance in education. To achieve this goal the following tasks were implemented: specifying the essential parameters of the definition of "tolerance"; outlining the problem field of tolerance research in liberal philosophical discourse; study of vectors of integration of the philosophical continuum of tolerance to the measurement of the modern space of inclusive education. The objectivity of the theoretical analysis of the obtained results is taken into account and observed through the use of general scientific research methods, which are represented by the following system: historical and logical method - to study the formation of the concept of tolerance in liberal philosophical thought; system approach - to identify contradictions in the internal mechanisms of the phenomenon of tolerance and approach to understanding their interaction; comparison and systematization to make distinctions between the definitions of "tolerance" and "indulgence"; abstraction and generalization - to highlight the phenomenon of tolerance as an active position of the subjects of the pedagogical process in the terms of inclusion; analysis and synthesis - to study the specifics of tolerance in the context of an inclusive educational environment and the integration of indicators of "tolerance in action" in the framework of the worldview dimension of a modern society.


2019 ◽  
Vol 16 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Ivan Bogatyrev ◽  
Vasyl Topchiy ◽  
Igor Koropatnik ◽  
Oleksandr Kotliarenko ◽  
Andrii Kofanov

The purpose of the article is to study the current problems of investment processes in the conditions of transformation of the Ukrainian economy. The relevance of the research was due to significant changes in political, economic and social processes of Ukraine. The research was conducted using general scientific and special methods and methods of research, such as theoretical analysis and synthesis, methods of grouping, modeling, comparison, as well as methods of systematization and scientific synthesis, in particular on materials: Ministry of Economic Development and Trade of Ukraine, research conducted by the Doing Business Group of the World Bank, rating of Moody’s Investors Service, rating of Global Competitiveness Index 2017/2018 and of European Business Association. The most actual factors of influence of political, economic, criminal and legislative processes on investment potential of Ukraine were analyzed. It was defined that the economic of Ukraine is characterized by the deficiency of capital, progressive technologies, mutual integration of scientific and industrial spheres, developed management and high-tech production and the recommendations to create favorable conditions for investment were made. Positive changes were noted in creating a legal framework for the promotion, protection of investments and intensification of investment activity in Ukraine.


Legal Concept ◽  
2021 ◽  
pp. 33-42
Author(s):  
Denis Appazov ◽  
Yulia Tymchuk

Introduction: the paper analyzes the prospects for creating a regulatory framework for the digital platforms in Russia. The paper examines the existing approaches to the definition of “digital platform” in the legislation and legal doctrine, determines their role in the implementation of the state policy on building a digital economy, as well as the factors that led to their accelerated implementation in public administration. A critical analysis of the actions planned in the National plan that ensure the restoration of employment and income of the population, economic growth and long-term structural changes in the economy associated with digital platformization is carried out. The paper reveals the existing problems in the domestic law enforcement practice related to the functioning of the digital platforms in the context of legal uncertainty. The paper examines the foreign experience of the legislative regulation of digital platforms. Methods: in the study, the authors used both the general scientific methods (dialectical method of cognition, analysis, synthesis, formal logical method, prognostic method, etc.) and the specific scientific methods (formal legal method, method of legal interpretation, etc.). Results: the need to create a regulatory framework for the digital platforms in order to eliminate the identified problems of the law enforcement practice is justified. Conclusions: based on the results of the study and taking into account the analysis of the positive foreign experience, the authors’ definition of the concept of digital (online) platform is formulated, and the main directions for improving the domestic legislation regulating the activities of the digital platforms in Russia are determined.


2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.


2020 ◽  
Vol 10 (513) ◽  
pp. 469-477
Author(s):  
L. Y. Vdovychenko ◽  
◽  
M. V. Volosiuk ◽  

In today’s conditions, the enterprises of Ukraine face the issue of ensuring economic security by introducing an appropriate mechanism of strategic management and effective application of its components. The article focuses on the actual problem of ensuring economic security of enterprises and justifies the inter-sectoral nature of the problem studied. To effectively ensure the economic security of enterprise, a mechanism of strategic management of its economic security is needed, which represents a set of directed actions to achieve the goals of the enterprise by creating favorable conditions for the efficient use of resources. The article is aimed at highlighting the theoretical and methodological aspects of the formation of such a mechanism. On the basis of the use of methods of analysis and synthesis, scientific abstraction and logical generalization, through the prism of researching the approaches of scholars to the interpretation of the essence of economic security of enterprise, both the concept of economic security of enterprise and the system of economic security of enterprise are generalized; the principles of the mechanism of strategic management of economic security of enterprises are substantiated; the essence of the definition of the «mechanism of strategic management of the economic security of enterprise» is determined and the methodological aspects of its formation are specified. With applying the analytical modeling method, the structure of the mechanism of strategic management of the economic security of enterprise is proposed. This topic has the prospect of researching the applied aspects of the application of the mechanism of strategic management of the economic security of enterprise in specific industries using the peculiarities and directions of their development.


2020 ◽  
Vol 9 (29) ◽  
pp. 507-515
Author(s):  
Anatoliy Bereza ◽  
Vyacheslav Kazmirenko ◽  
Olena Tsilmak ◽  
Oksana Melenko ◽  
Olena Shvedova

The purpose of the article is to analyze the regulatory framework for urban policy in some European countries in order to emulate their positive experience and to implement it in Ukrainian legislation. Methodology. The study used general scientific and special methods of legal science, in particular, analysis and synthesis method, logical method, logical and semantic method, historical and legal method, comparative and legal method. The results of the study. The foreign practice of regulatory framework for urban policy provision, the features of its development and implementation have been considered. The content of urban policy in a number of European countries (Latvia, Finland, France and the Czech Republic) has been studied and the relevant programs implemented by the European Union have been examined. Practical implications. The experience of foreign countries has shown that State urban policy is not always set out in a single document, but as a rule is presented in several legal acts or is a component of other State programs, especially in the area of regional policy. Value/originality. The authors have proven that taking into account the peculiarities of regulatory framework for urban policy in Ukraine, it would be appropriate to adopt a separate document on urban policy that would consider the European practice and legislation of the European Union in this area, as well as the peculiarities of Ukrainian cities.


2018 ◽  
Vol 4 (4) ◽  
pp. 188-193 ◽  
Author(s):  
Yuriy Kyrylov ◽  
Vadim Yarovoy

The objective of the article is to identify the problems of development of rural green tourism as an important direction of tourism activity in Ukraine and to substantiate their solution on the basis of state regulation and support. Methodology. In order to achieve an objective of the study, the general scientific and special methods were used: analysis and synthesis in the study of scientific principles of state regulation of services of rural green tourism; statistical analysis, comparison and generalization – in the study of the peculiarities of the organizational and economic mechanism of state regulation and support of rural green tourism services and the definition of modern aspects of the mechanisms of state regulation of rural green tourism; abstract-logical method – for synthesis and formulation of conclusions and proposals. Results. The article reveals the challenges and problems of the development of rural population and rural areas in Ukraine. A special role in their solution of tourism activities in the form of rural green tourism was determined. Therefore, a considerable attention is paid to its state regulation and support. They are carried out in the form of regulatory and legislative support, monitoring systems, pricing services, taxation, etc. Practical importance. The obtained results can be used in practice by the state authorities, local authorities and self-government bodies, public organizations. The conducted study, conclusions drawn on their result, are the basis for: a further in-depth scientific study of the theory of public administration, development of recommendations for the improvement of conceptual provisions and measures for the implementation of an effective mechanism of state regulation and support of rural green tourism services. The scientific novelty of the results is that the theoretical foundations and conceptual approaches to improving the mechanisms of state regulation and support of rural green tourism services in Ukraine are substantiated.


2020 ◽  
Vol 73 (5) ◽  
pp. 1048-1052
Author(s):  
Oleg M. Reznik ◽  
Yuliia M. Yakushchenko

The aim of the study is to analyze the legal framework regulating surrogacy relations in Ukraine, its main loopholes and collisions, and provide suggestions to improve the Ukrainian legislation on surrogacy. Materials and methods: The methodological framework of the research consists of general methods of analysis and synthesis, formal logical method and formal legal method. Conclusions: The procedure for the implementation of surrogacy in Ukraine is enshrined in several regulatory acts. Ukrainian legislation has some loopholes and collisions, representing the challenges that have to be addressed in the nearest future. It is necessary to reconsider the existing legal acts to strengthen state control and supervision in this area for proper protection of the rights and responsibilities of subjects entering surrogate agreements.


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