scholarly journals Prospects for the development of legal regulation of the crypto currency market in Russia

E-Management ◽  
2020 ◽  
Vol 2 (4) ◽  
pp. 11-21 ◽  
Author(s):  
O. I. Larina
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Financial Assets ◽  
Technological Changes ◽  
Legal Norms ◽  
Systemic Risks ◽  
Crypto Currency ◽  
Definition Of ◽  
Near Future

An accomplished fact is the development of the cryptocurrency market, including in Russia. At the same time, the Russian legal regulation mechanism has not yet been formed, and the existing draft law on the circulation of digital financial assets has not yet been agreed. Growing demand for cryptocurrencies from investors carries systemic risks, as well as threats of using digital financial assets for illegal purposes. In this regard, regulators in different countries are forced to take measures to legislate the circulation of such assets. At the same time, such measures can be quite different: from simply informing subjects about possible risks to the adoption of detailed laws establishing the rules for the circulation of such assets, the rights and obligations of subjects. At the same time, country approaches not only to regulation, but also to the definition of the essence of cryptocurrencies (money, assets, rights) differ greatly.The purpose of the article is to form recommendations on possible development of directions of Russian regulation of the cryptocurrency market. International approaches to the regulation of digital currencies, the practice and features of their application, as well as the proposed legal norms of the Russian bill on the use of digital financial assets in civil circulation have been analyzed in the article. As the research methodology, legal and comparative analysis of Russian and foreign practice has been used. Recommendations for making amendments to the current financial legislation and emerging digital legislation have been given. According to the author, the development of the cryptocurrency market in Russia in the near future will be influenced by the following facts: the adoption of digital legislation, international experience and practice of using cryptocurrencies, technological changes.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

Legal regulation of operational and search activities in correctional institutions

2020 ◽  
pp. 140-149
Author(s):  
Кирилл Вячеславович Капустин
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Current State ◽  
The Subject ◽  
Definition Of

В статье проводится анализ теоретических положений правового регулирования оперативно-розыскной деятельности и современного состояния нормативного регулирования рассматриваемой деятельности в исправительных учреждениях. На основе сравнительного анализа современной научной литературы по рассматриваемому вопросу автором делается вывод, что исследователи, как правило, отождествляют понятия «правовое регулирование» и «правовая основа» и не уделяют должного внимания правовому регулированию оперативно-розыскной деятельности как процессу, а также формулируется авторское определение «правовое регулирование оперативно-розыскной деятельности». Автор предлагает разделить нормативное регулирование оперативно-розыскной деятельности в исправительных учреждениях на три уровня: конституционный, федеральный, ведомственный и межведомственный. В рамках проведенного исследования были выявлены недостатки ряда правовых норм и предложены пути по их решению. The article analyses both the theoretical provisions of the legal regulation of operational and search activities and the current state of the regulatory regulation of the activities in correctional institutions. On the basis of a comparative analysis of the current scientific literature on the subject, the author concludes that researchers generally identify the concepts of "legal regulation" and "legal basis" and do not pay due attention to the legal regulation of operational-search activities as a process, as well as the author 's definition of "legal regulation of operational-search activities." The author proposes to divide the normative regulation of operational-search activities in correctional institutions into three levels: constitutional; federal; departmental and interdepartmental. The study identified shortcomings in a number of legal norms and suggested ways to address them.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

About Approaches to the Definition of Concept and Problems of Legal Regulation of Digital Financial Assets

2021 ◽  
Author(s):  
Alexander G. Gurinovich ◽  
Marina A. Lapina ◽  
Gennady P. Tolstopyatenko ◽  
Pavel A. Patrikeev
Keyword(s):  
Legal Regulation ◽  
Financial Assets ◽  
Definition Of

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

2021 ◽  
Vol 31 (3) ◽  
pp. 497-503
Author(s):  
V.V. Surin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Information Support ◽  
Legal Regulations ◽  
Prison Staff ◽  
Legal Norms ◽  
Criminal Penalties

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

scholarly journals Information systems as a tool for regulating public relations: Analysis of Russian and world practice

2021 ◽  
Vol 21 (4) ◽  
pp. 445-452
Author(s):  
Roman V. Amelin ◽  
Keyword(s):  
Information Systems ◽  
Public Relations ◽  
Public Information ◽  
Legal Regulation ◽  
Primary Data ◽  
Regulation Mechanism ◽  
Legal Norms ◽  
New Information ◽  
Public Information Systems ◽  
Legal Fact

Introduction. The practice of public administration in the Russian Federation is largely based on the implementation and use of public information systems in all areas. Such information systems become a tool for influencing public relations, firstly, acting as a continuation of legal norms, secondly, replacing the actual norms of law in rare individual cases and, finally, acting as a means of certifying and qualifying legal facts. Theoretical analysis. Legal facts act as the most important links of the legal mechanism – both in legal regulation and in law enforcement. An integral part of the legal regulation mechanism is the system of fixing and certifying legal facts. Empirical analysis. State information systems ensure the maintenance of state registers intended for registration and storage of legal facts, and are also able to collect information in an automated mode and receive new information based on the processing of primary data. In the system of legal regulation, there is a tendency to endow such data with legal force, as a result of which they act as legal facts, and the activities for their qualification are delegated to the information system. The increasing complexity of information systems leads to the fact that the implementation of the rights and obligations of subjects becomes critically dependent on their correct work. Results. The author proposed to establish a number of legislative principles and restrictions, in particular, the principle of verification of conclusions obtained through the use of information systems by a person, in cases where such a conclusion has the force of a legal fact that affects the rights and obligations of a person.

scholarly journals On the concept of international standards of public-private partnership

2021 ◽  
pp. 15-25
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
International Standards ◽  
Regulatory Function ◽  
Private Partnership ◽  
Legal Norms ◽  
Cross Border ◽  
Definition Of

The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

scholarly journals Work of collaboration in the creation of literary works under the legislation of Ukraine and France

2021 ◽  
pp. 24-30
Author(s):  
Yuliia Kedia
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Literary Work ◽  
Legal Regulation ◽  
Copyright Law ◽  
Joint Work ◽  
Literary Works ◽  
Collective Work ◽  
The Creation ◽  
Definition Of

Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows: •According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

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