Novels in the field of control over foreign investments in strategic sectors of the economy

2019 ◽  
pp. 30-35
Author(s):  
I. V. Akimova ◽  
K. B. Simakova
Keyword(s):  
Technological Process ◽  
Russian Federation ◽  
Foreign Investor ◽  
Foreign Investments ◽  
Antitrust Authority ◽  
Strategic Type ◽  
The Russian Federation ◽  
Business Entities ◽  
Legal Mechanism ◽  
Legal Consequences

The article explores a new legal mechanism that extends the authority of the Federal Antimonopoly Service to control the implementation of foreign investments not only to business entities of strategic importance, but also to any other Russian business entities that, according to the antitrust authority, are of key importance to the Russian economics. The problems of legal uncertainty regarding the mandatory prior coordination with the antimonopoly regulator of a transaction involving a foreign investor have been identified to differentiate legal consequences for violation of the provisions of special legislation depending on the actual presence of a threat to the defense and security of the Russian Federation. It is concluded that it is necessary and advisable to classify it as a business entity by virtue of its implementation of a type of activity that is adjacent to a strategic one (which is part of the technological process of a strategic type of activity as an integral part of it).

scholarly journals The Mechanism of Recognition and Withdrawal of Unregistered Medical Devices from Circulation

2021 ◽  
Vol 16 (7) ◽  
pp. 52-65
Author(s):  
A. G. Bondarenko ◽  
A. A. Chimbireva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Devices ◽  
Legal Regulation ◽  
Judicial Control ◽  
Response Measures ◽  
The Russian Federation ◽  
Business Entities ◽  
Mechanism Of Recognition ◽  
Legal Consequences

The paper is devoted to the study of issues related to the powers of Roszdravnadzor to identify unregistered medical devices in circulation and to take response measures to limit their further sale and use by business entities. The authors analyze the features of the implementation of these powers of Roszdravnadzor and the problems arising in law enforcement practice. An analysis of the current Russian legislation leads the authors of the article to the conclusion that the legal regulation of the powers of Roszdravnadzor to recognize the products as unregistered and to make administrative decisions to restrict their circulation on the territory of the Russian Federation is insufficient and contradictory. The lack of proper legal regulation in this area entails negative legal consequences for participants in civil turnover. On the basis of the study, the authors formulates specific proposals for improving the legal regulation of the recognition and withdrawal from circulation of unregistered medical devices using mechanisms of preliminary and subsequent administrative (extrajudicial) and judicial control.

Issues of premeditated bankruptcy in enforcement proceedings

2019 ◽  
pp. 354-363
Author(s):  
Dmitriy Aleksandrovich Chertoroev
Keyword(s):  
Russian Federation ◽  
Main Difficulty ◽  
Difficult Situation ◽  
Debt Burden ◽  
The Status ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism ◽  
Legal Consequences ◽  
Legal Entities

Bankruptcy is an effective legal mechanism that allows people to get out of difficult financial situations. This mechanism is designed to reduce the debt burden on persons who are somehow in a difficult situation. In the Russian Federation, currently, the bankruptcy mechanism application or, in other words, the financial insolvency of a person is possible in relation to both individuals and legal entities. There are many people who, if there are visible gaps in the law, try to take advantage of them for personal purposes. Legislation in the field of financial insolvency is no exception-there was a concept of premeditated bankruptcy. Premeditated bankruptcy – bankruptcy carried out by a person artificially, with the creation of circumstances and conditions conducive to the recognition of a person bankrupt. The Russian legislation establishes punishment for premeditated bankruptcy, however the main difficulty is not the punishment of a person, but the proof of the fact of premeditated bankruptcy. We propose a solution to this problem, but not in the form of a typical increase in punishment, but in the form of strengthening the legal consequences after obtaining the status of bankrupt. Strengthening of consequences of obtaining the status of the bankrupt can warn persons from receiving such status intentionally, without necessary circumstances, artificially forming the circumstances necessary for obtaining the above-mentioned status. We establish possible ways to strengthen the consequences of obtaining the status of bankrupt, as well as specific proposals for improving the legislation on bankruptcy.

Assessing the size of agricultural holdings

2020 ◽  
pp. 105-116
Author(s):  
N. I. Shagaida
Keyword(s):  
Russian Federation ◽  
Vertical Integration ◽  
Total Revenue ◽  
Large Share ◽  
State Support ◽  
The Russian Federation ◽  
Agricultural Organizations ◽  
Business Entities ◽  
To Receive

The article clarifies the concept of “agricultural holding”, using an approach to assessing the size on the basis of the total revenue of all agricultural organizations within the agricultural holding. It has been revealed that only 100 of the total number of agricultural holdings that were identified can be attributed to large business entities. They comprise about 3% of agricultural organizations in the country, while their share in the proceeds is about 37%. A large share of agricultural holdings — large business subjects under the control of Russian entities operate in one, and under the control of foreign legal entities — in three or more regions of the Russian Federation. Vertical integration within the framework of large agricultural holdings with different schemes for including the stages of processing and sale of products produced in their agricultural organizations allows them to receive advantages. Strengthening the role of large business entities in agriculture puts on the agenda the issue of differentiating approaches to taxation and state support in agriculture, depending on the size of the companies’ agricultural businesses.

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

IMPACT OF DIRECT FOREIGN INVESTMENTS ON THE ECONOMY OF THE RUSSIAN FEDERATION

2020 ◽  
Author(s):  
Victoria Igorevna Vlezkova ◽  
◽  
Roman Olegovich Soglaev ◽  
Keyword(s):  
Foreign Direct Investment ◽  
Russian Federation ◽  
Direct Investment ◽  
Foreign Investments ◽  
The Russian Federation

The article is devoted to the analysis of foreign direct investment flows into the economy of the Russian Federation. The authors consider the dynamics, structure, features of activities and the main barriers to attracting foreign direct investment in the economy of the Russian Federation

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals On the hygienic scientific provision of the Water strategy of the Russian Federation

2021 ◽  
Vol 100 (9) ◽  
pp. 923-928
Author(s):  
Oxsana O. Sinitsyna ◽  
Victor V. Turbinsky
Keyword(s):  
Drinking Water ◽  
Water Supply ◽  
Russian Federation ◽  
Industrial Development ◽  
Technological Development ◽  
Water Protection ◽  
The Russian Federation ◽  
Business Entities ◽  
Water Strategy ◽  
Oriented Approach

Increased competition between producers has now become one of the critical features of the country’s economy. Within the framework of the Water Strategy of the Russian Federation, technological issues play a significant role both in the protection of water resources and in compliance with the safety requirements and favourable quality of the water used. For more than 20 years worldwide, there has been a transition from a hazard-oriented to a risk-oriented approach in the organization of nature and water protection activities. The use of a risk-based approach determines the mandatory monitoring of all pollutants and calculation methods for assessing various types of toxicity of a substance, their hazardous concentrations based on knowledge of the structure and information about the hazard of substances from international databases and registers. Based on the analysis of the main provisions of the Water Strategy of the Russian Federation until 2020 in conjunction with the conditions of water use affecting the health of the population, the priority problems of technological development in the water protection sector and their medical and preventive support were identified. Measures have been outlined to ensure the compliance of the technology for the protection of water bodies, sources of household and drinking water supply to the population and industrial development for monitoring the effectiveness and efficiency of hygienic regulation, sanitary and epidemiological examination of project documentation and a risk-oriented approach to ensuring the activities of business entities on the territory of sanitary protection zones of drinking water sources: water supply, wastewater treatment from point and diffuse sources of pollution.

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