scholarly journals Transformation of legal regulation of labor relations of scientific and pedagogical workers of modern universities in the digital economy

2021 ◽  
Vol 54 (6) ◽  
pp. 635-651
Author(s):  
Olesya V. Shcherbakova ◽  

Introduction. The sphere of employment, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. First of all, we are talking about a change in the labor function of employees, the use of artificial intelligence during interviews, as well as electronic methods of registration of the emergence, change or termination of labor relations, electronic office work. Due to the specifics of the education sector, the practice of introducing the achievements of the digital economy into the process of legal regulation of the labor of scientific and pedagogical workers of modern universities is of particular interest, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the achievements of the digital economy into the practice of legal regulation of labor, as well as to identify the factors that impede the digital transformation of the employment sector, using the example of scientific and pedagogical workers of modern universities. Materials and methods. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The study used Rosstat data on higher education institutions registered in the Russian Federation for 2020. The results of the study show that the development of labor relations is taking place in line with modern global trends in terms of introducing the achievements of the digital economy into the practice of legal regulation of public relations. The sphere of education in our state is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92.3%), as well as special software for solving individual problems – 90.8%, electronic document management systems – 84.1%. The specifics of work in educational organizations determines the need for the development and implementation of specific digital transformation tools in modern universities.

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  

Currently, Russia has begun to form a legal framework for the development of the digital economy. The introduction of digital technologies affects all areas of public relations, including budgetary legal relations. In connection with digitalization, issues of budget security are becoming more relevant. The article substantiates the need to improve the legal regulation of budget relations in terms of ensuring budget security and the use of digital technologies. The author’s classification of budget security threats is given. Legal contradictions in the field of digital currency regulation are revealed. Measures are proposed to eliminate conflicts and gaps in the current legislation regulating budgetary legal relations and relations arising in connection with the use of digital currency.


2021 ◽  
Vol 93 ◽  
pp. 05016
Author(s):  
Nataliya Puzina ◽  
Irina Reutova ◽  
Nataliya Leshenko ◽  
Svetlana Khobotova ◽  
Nataliya Katunina

The article analyzes the practice of implementing measures for the development of the digital economy in the regions of the Russian Federation. The authors considered the question of the variety of definitions of the digital economy, and concluded that the world Bank provides the most appropriate definition of the "digital economy" within the framework of the topic under study. This allowed the regions of Russia to be singled out among the key participants of the digital economy. Based on the results of the study, the authors concluded that there is a high involvement of Russian regions in the processes of digital transformation of the economy. At the same time, there is a delay in legal regulation of the ongoing processes: the implementation of the Federal project "Digital region" in 2020 was suspended, but the regions continued to actively develop digital solutions and apply digital technologies to solve economic and social problems.


2021 ◽  
Vol 5 (3) ◽  
pp. 45-56
Author(s):  
E. Yu. Gracheva ◽  
N. M. Artemov ◽  
K. A. Ponomareva

The subject. The modern world is constantly changing, which makes it necessary to update the means and methods of legal regulation of public relations. Moreover, these relations themselves are changing, new areas of public relations are emerging, for which it is necessary to create a legal framework. The sphere of financial and legal regulation is no exception. The most important issue, which has been on the agenda of the international community for several years, is the development of the digital economy. The legal realities of digitalization largely determine what place the Russian economy will occupy in the emerging global digital market. It is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is particularly important.Purpose of the study. The article is devoted to the transformation of the legal regulation of tax relations in the digital economy. In order for Russian financial and legal regulation to contribute to an effective response to the challenges posed by digitalization, it is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is of particular importance.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Russian and European legal literature. Structural and systemic methods are also the basis of the research. The main results. The necessity to develop legal solutions in the field of taxation of the digital economy is determined by the focus on legal support for the stability of financial and legal regulation and the principle of certainty of taxation. In these circumstances, it is important to implement the control function of financial law. The need to ensure compliance with the fiscal interests of the state, both at present and in the long term, requires the transformation of essential approaches to the legal regulation of the system of taxes and fees, the principles and elements of taxation, tax administration and tax control. In this regard, it is proposed to provide for special rules for calculating and paying income tax on foreign digital companies and, in parallel, to expand tax incentives for Russian companies.Сonclusions. The authors come to the conclusion that the actual scientific task is to develop a methodological position on the directions of reforming the national tax legislation and the international tax doctrine of the Russian Federation in the context of the digital transformation of public relations. According to the results of the study, it is concluded that it is necessary to ensure compliance with the fiscal interests of the state. This requires the transformation of essential approaches to the legal regulation of tax relations, both in the context of determining the appropriate legal forms for regulating the tax base levied in Russia in the context of the emerging digital economy, and for influencing international tax policy in order to use all the advantages provided by international tax cooperation and neutralize the threats caused by international tax competition.


2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 367-373
Author(s):  
Apollinariya A. Sapfirova ◽  
Victoria V. Volkova ◽  
Olga M. Solovieva ◽  
Irina Viktorovna Kardanova ◽  
Anna V. Petrushkina

The purpose of the article is to study the prospects of using digital technologies in labor relations and personnel document management. In the course of the research, the method of legal analysis and the formal legal method were used. The main results allow drawing conclusions and making suggestions for improving the legal regulation of the use of digital technology in labor relations and the personnel document flow that forms these labor relations. As a result, the authors make the following conclusions and suggestions. On the Unified Digital Platform in the field of employment and labor relations "Trudvsem.ru", the employer should be given the right to form an electronic HR workflow as a whole, placing mandatory HR documents there, while other HR documents can be digitized at the discretion of the employer. This will reduce the established period of duplication by the employer of the electronic and paper form of the employment record. The conclusion about the possibility of concluding employment contracts on remote work with citizens living outside the Russian Federation has been also justified.


Author(s):  
I. Yu. Rogaleva ◽  
G. A. Rogaleva

In article one of current problems of modern legal regulation in Russia – lack of due legal support of the labor relations in the sphere to digital economy is considered. The complexity consists in interindustry, cross-disciplinary regulation of the specified public relations that allows to speak about existence of the complex legal institute of the labor relations in the sphere of digital economy including norms of labor, economic, administrative law. The interindustry character of the analyzed public relations results in fragmentariness and discrepancy of the changes made to acts that has negative effect on law enforcement, and at times and violates the rights, legitimate interests of various parties of the labor relations (workers and employers). There is a set of questions which are connected with a possibility of the broadest application of digital economy concerning regulation of labor and other directly related relations to enshrine these processes at the legislative level, and in local regulations. In this regard development of the harmonious, evidence-based system of legal regulation of this segment of the labor relations adequate to the level of economic development of Russia allowing to fulfill strategically important national objectives at the same time is necessary providing respect for balance of both public, and private interests.


2021 ◽  
Vol 13 (4-1) ◽  
pp. 180-203
Author(s):  
Elena Stukalenko ◽  

Digital technologies, ubiquitous in our daily life, have radically changed the way we work, communicate, and consume in a short period of time. They affect all components of quality of life: well-being, work, health, education, social connections, environmental quality, the ability to participate and govern civil society, and so on. Digital transformation creates both opportunities and serious risks to the well-being of people. Researchers and statistical agencies around the world are facing a major challenge to develop new tools to analyze the impact of digital transformation on the well-being of the population. The risks are very diverse in nature and it is very difficult to identify the key factor. All researchers conclude that secure digital technologies significantly improve the lives of those who have the skills to use them and pose a serious risk of inequality for society, as they introduce a digital divide between those who have the skills to use them and those who do not. In the article, the author examines the risks created by digital technologies for some components of the quality of life (digital component of the quality of life), which are six main components: the digital quality of the population, providing the population with digital benefits, the labor market in the digital economy, the impact of digitalization on the social sphere, state electronic services for the population and the security of information activities. The study was carried out on the basis of the available statistical base and the results of research by scientists from different countries of the world. The risks of the digital economy cannot be ignored when pursuing state social policy. Attention is paid to government regulation aimed at reducing the negative consequences of digitalization through the prism of national, federal projects and other events.


Author(s):  
N.V. RASSKAZOVA ◽  

The problems of the digital economy development are central, since the introduction of digital technologies in the reproduction process provides for increased efficiency and reduced production costs. This fact encourages the development of digital platforms and mechanisms that allow to accelerate the process of interaction between different actors and reduce the transaction costs of coordinating economic interests at the micro and macro levels, which will eventually lead to economic growth. In this regard, the problem of digitalization of the Russian economy and its branches is relevant.


Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.


2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 95-99
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev

The introduction of digital technologies is transforming many areas of public relations. The process of administering justice in this sense also cannot be an exception and, taking into account the requirements of modern realities, is actively introducing information and telecommunication technologies into its activities. The introduction of external technical tools into relations, in which the court is a mandatory participant, requires a thorough study of scenarios for the development of procedural relations from the point of view of the implementation of the constitutional right to judicial protection and access to justice in the new digital realities.    


2021 ◽  
Vol 26 (3(88)) ◽  
Author(s):  
Ivan Voronchak ◽  
Yuriy Vovk

The paper investigates the theoretical and practical aspects of providing the corporate social responsibility in a digital economy. The digital transformation of economic activity necessitates a business response to fundamental new challenges and threats related to cybersecurity, privacy, copyright protection, blockchain, misinformation, ethical algorithms for artificial intelligence etc. The quantity and complexity of digitalization problems determines the need for a consistent and comprehensive approach to ensuring digital responsibility in economy. Corporate digital responsibility can be defined as a responsible and ethical using of digital technologies; forecasting the social, economic and environmental consequences of decisions made in the digital economy. The analysis of social reports and web resources of Ukrainian companies indicates that their potential of digital responsibility is limited to the digital skills transfer and partial using in communications with stakeholders. At the same time, there are promising ways of manifesting social responsibility of domestic enterprises: investments in digital infrastructure and education; using digital technologies to monitor the responsibility and business ethics of suppliers and contractors; digitalization of environmental management processes; protection of digital rights and personal data of customers, employees, partners; dialogue with real and potential stakeholders through digital channels. Foreign experience shows that it is efficient to form public-private partnership platforms in the field of digital responsibility and sustainable development. It is also appropriate for the government to develop and implement a strategy for the digital transformation, programs of economic and advisory support for digital social entrepreneurship; to form standards for assessing and reporting about corporate digital responsibility; to eliminate the institutional and legislative barriers to the digital economy development; to overcome the digital divide in society; to create algorithms for personal data processing and suitable digital platforms.


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