scholarly journals SOME ASPECTS OF DEFINING THE ESSENCE OF CHALLENGES AND THREATS TO RUSSIA'S ECONOMIC SECURITY IN THE CONTEXT OF DIGITALIZATION

2020 ◽  
Vol 16 (4-2) ◽  
pp. 11-27
Author(s):  
Марина Арутюнян ◽  
Оливер Хисматуллин

Improving the legal regulation of the mechanism for ensuring economic security is an important permanent task. The variability of external and internal factors, the formation and development of the digital economy necessitates the timely development and implementation of a set of adequate measures to ensure the economic interests of the society, the state and its citizens. Purpose: to characterize legally established challenges and threats to Russia's economic security, to determine their essence, meaning, forms and degree of influence on the state of protected interests in the process of digitalization of economic relations. Methods: the research is based on empirical methods of analysis, comparison, description, interpretation; theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the study allows us to determine the essence, meaning and role of threats and challenges to economic security, to determine the prerequisites for their occurrence and the forms existing in the digital environment, to formulate generalizing conclusions and proposals aimed at reducing the negative impact of threatening factors.

2021 ◽  
pp. 131-136
Author(s):  
С.В. Банк ◽  
В.Ф. Вакуленко

Теневая экономика проникает практически во все экономические сферы жизнедеятельности общества. Она включает в себя различные экономические отношения, которые находятся за рамками закона в областях производства, потребления, обмена и распределения. Воспрепятствование теневой экономике, предстающей одной из базовых угроз экономической безопасности страны, есть необычайно актуальное явление в настоящее время. Современное состояние сектора теневой экономики в России весьма динамично развивается, что влечет за собой негативное воздействие на социально-экономическое положение государства. В основном, это относится к представителям малого и среднего бизнеса, который занимается предоставлением услуг и производством разнообразных товаров. Актуальность избранной тематики заключается в том, что сейчас в России большой процент теневых доходов, тогда, как эти деньги могли быть направлены на становление и развитие МСП, особенно во времена обостренной пандемии, что позволило бы минимизировать экономическую напряженность и нарастить результативность государственных финансов. The shadow economy penetrates almost all economic spheres of society. It includes various economic relations that are outside the scope of the law in the areas of production, consumption, exchange and distribution. The obstruction of the shadow economy, which appears to be one of the basic threats to the economic security of the country, is an extremely relevant phenomenon at the present time. The current state of the shadow economy sector in Russia is developing very dynamically, which entails a negative impact on the socio-economic situation of the state. This mainly applies to representatives of small and medium-sized businesses that provide services and produce a variety of goods. The relevance of the chosen topic lies in the fact that now there is a large percentage of shadow income in Russia, while this money could be used for the formation and development of SMEs, especially during times of an acute pandemic, which would minimize economic tension and increase the effectiveness of public finances.


2020 ◽  
pp. 87-95
Author(s):  
Stanislav Chebotarev ◽  
Alexey Petryanin

The article examines the most harmful particular types of economic dysfunctions that significantly undermine the economic security of the Russian Federation. Using the method of deduction and retrospective technique, their negative impact on the micro- and macroeconomic development of the national economy is presented. The following forms of economic dysfunctions are proposed for consideration: inflation, dollarization and capital outflow. Demonstrated are the economic and legal mechanisms of counteracting them, indicating the progressive decriminalization and economic recovery. New types of economic dysfunctions have been identified that require a prompt response from the state and bona fide participants in economic relations.


Author(s):  
Maria Perepelytsya

Problem setting. The problem of legalization (laundering) of money and other property acquired by criminal means is of great importance for Ukraine, because the criminalization of the economy is the main threat to the economic security of the state. In order to successfully combat this negative phenomenon, it is necessary to constantly develop and improve the processes of identification and analysis of financial transactions that are the objects of financial monitoring. Detection of such transactions requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. The list of criteria and indicators of suspicion of financial transactions is large and sometimes ambiguous in terms of its interpretation and application. This issues is important because it is about the scope of law, the subjective rights of participants in financial transactions, the ownership of such persons in their assets and the level of trust in entities that provide financial and other services. The purpose of the research is to study the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. Analysis of resent researches and publications. The solution of problems of legal regulation of the national system of financial monitoring in Ukraine (procedures, methods, risks, criteria, indicators etc.) was devoted to the works of such scientists as A. P. Gavrilishyn, I. M. Patyuta, B. M. Surkalo, O. E. Kostyuchenko, K. A. Kryvulya, Zh. I. Dovgan, I. G. Biryukova, V. M. Berizko and others. However, the issue of classifying financial monitoring objects according to the criteria and indicators of suspicion is important and necessary, because it is on such indicators that all activities in the field of financial monitoring are based and the results of such activities depend on their establishment. Article’s main body. The list of criteria and indicators of suspicion of financial transactions and their classification as objects of financial monitoring is quite wide. Their classification according to the relevant criteria is necessary and enshrined in law, which is important to prevent their unrestricted spread. At the same time, the subjects of state financial monitoring at their own discretion, but taking into account the main requirements of the legislation in the field of financial monitoring, develop and establish the grounds for classifying a financial transaction as an object of financial monitoring. In turn, the subjects of primary financial monitoring at their own discretion, but taking into account the rules and subjects of state financial monitoring, supplement, expand and improve this list in order, on the one hand, to prevent the legalization (laundering) of proceeds from illegal by and their entry into the financial system of the state and, on the other hand, compliance with the subjective rights of customers – participants in financial transactions. Conclusions. The article examines the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. It is concluded that the identification of transactions that are the objects of financial monitoring requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. Risk criteria by type of client, by geographical basis, by type of service (product), by service supply channel (product) are considered. Differentiated indicators of suspicion of financial transactions into indicators related to the activities or behavior of the client, indicators related to the financial operations of the client and indicators for different types of products (services). It is emphasized that the problem of defining clear and standard types of criteria and indicators of financial transactions is important and relevant in the current relations in the field of financial monitoring between the state and the participants of the respective financial transactions.


2020 ◽  
Vol 16 (3) ◽  
pp. 73-82
Author(s):  
Александр Малый

The relevance of the article is due to the importance of migration policy for the state. The article discusses the issues of liberalization of migration legislation in Russia. The problem of the implementation of legal norms by the law-enforcer is reviewed, the conclusion is drawn that law enforcement agencies and courts are guided by the established practice of a rigid approach to assessing the activituies of subjects of migration relations. Purpose: to focus on the need to liberalize not only migration legislation, but also law enforcement practice, taking into account the changing migration policy in the activities of power bodies. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Specific scientific methods are used: historical, legal-dogmatic, method of interpreting legal norms. Results: the study makes it possible to formulate a number of conclusions regarding the identified direction of migration policy, its reflection in legislation. The preservation of the traditional approach in the activities of law enforcement agencies concerning participants in migration relations is noted. It retains its repressive orientation and is not fully consistent with the proclaimed political course towards the liberalization of migration relations.


2021 ◽  
Vol 15 (3) ◽  
pp. 642-649
Author(s):  
Igor A. Ivankov

Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.


Author(s):  
G. Myskiv ◽  
◽  
W. Caputa ◽  
N. Grygoryshyn ◽  
◽  
...  

A threat is a factor that causes the likely destruction of the system and leads to crisis events. A security threat is a set of conditions and factors that endanger the vital economic interests of a person, society and the state. Internal threats to the monetary system make it impossible to ensure the necessary level of economic growth, negatively affect the trade, internal and foreign economic activities of Ukraine, contribute to the emergence of obstacles to improving the budget, tax, insurance and several other financial systems of Ukraine. The successful solution of this problem directly affects the monetary, economic, social and political stability of Ukraine. Therefore, the definition and solution of internal threats to the monetary system and the financial and economic security of the state are one of the pressing problems of today. The article classified, examined and analyzed internal threats to the monetary security of the state, their impact on the financial and economic security of Ukraine. To better understand the problem and detail the threats, the author grouped the threats of the monetary system by the directions (spheres) of their manifestation. The selected groups of monetary threats are considered and analyzed in more detail, since they lead to a violation of the economic balance of security in the state and require the development of a system for managing them and countering their negative impact on the economic system or localizing their actions. The theoretical aspects of the financial and economic security of the state have been studied by many authors. Noteworthy are the scientific works of such well-known economists as: Abalkin L.I., Alikperov I.M., Baranovsky O.I., Bogachev V.I., Bogdanov I.Y., Burtsev V.V., Vershinin V.M., Vozhenikov A.V., Delyagin M.G., Yermoshenko N.N., Echmakov S.M., Kozyrin A.N., Kolosov A.V., Kuklin A.A., Popov E.V., Senchagov V.K., Fokina N.P., Shnipko O.S., Lebid O.V., Garkusha V.O. and others. However, the emergence of new internal threats to the monetary system and the uncertainty of the essence of financial and economic security require additional research. The purpose of this work is the need to classify and justify rational and more effective mechanisms to counter internal threats to the monetary system of the state. Having studied the totality of monetary threats and their impact on the economic security of the state, we came to the following conclusions: monetary threats are created under the influence of external national and supranational threats (factors) that actually activate them; it is advisable to divide monetary threats into four groups: institutional, monetary, banking, investment - in the place (area) of the threat; the activity or inactive state of a threat can be determined by analysing the dynamics of the indicators that characterize it; the study showed that each of the identified threat groups has active threats that require the development of measures to minimize or counter them; today, the most active threats lie in the institutional environment of the monetary system, since most of them are subjective in nature and depend on from the professionalism of officials, their qualifications, the desire to change the situation, etc.


2020 ◽  
Vol 6 (1) ◽  
pp. 9
Author(s):  
Dmytro Bielov ◽  
Olga Sidorenko

It is found that the constitutional and legal norms undoubtedly have a significant impact on the economic system of any state. Models of the world's economic systems are established and guaranteed by a system of legal means, which, in turn, are subject to the constitutional and legal framework. It is specified that the sphere of constitutional and legal regulation of economic relations has been repeatedly explored in scientific research, however, the consensus on the scope of economic issues that should be subject to constitutional entrenchment has not been reached yet. The analysis of the world constitutional practice shows a tendency of strengthening the regulation of those relations that concern the economic organization of public life. This topic is relevant since not only the legal theory but also political practice enters into a heated debate over the above-mentioned issue. The authors argue that: 1) constitutional law regulates the place of the state in the political system of society and defines the principles of relations between the state and its non-state elements including the ways of resolving conflicts between them, limits of interference or even limits of its activity; 2) the boundaries of constitutional and legal regulation of economic relations should be determined, first of all, on the basis of considering fundamental relations for the economic system of the state, that is, the limits of constitutional regulation depend on the system of relations that are included in the concept of economic relations; 3) the system of relations that require constitutional and legal regulation should also include the establishment of an effective pricing mechanism, the exercise of control over monetary policy, the cancellation of restrictions on foreign trade activities, the development of an effective tax and budgetary system, regulation of financial reporting, etc.


2021 ◽  
Vol 17 (2(64)) ◽  
pp. 100-112
Author(s):  
Андрей Алексеевич ИНЮШКИН ◽  
Полина Сергеевна КУДАШЕВА

The paper analyzes the patient's legal status as a key figure in the provision of health services, identifies and qualifies his rights and obligations, reveals the specifics of some legal opportunities for consumers of health services. The purpose of the paper is a comprehensive analysis of the patient’s rights and obligations under the contract for the provision of medical services. Methods: the authors use empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the authors conclude that it is necessary to develop a clear and complete conceptual apparatus; they propose to expand and structure the list of rights by strengthening their informational component, to detail the set of patient's obligations, and to adjust the norms on the patient's voluntary informed consent to medical intervention. The role of insurers in the medical field in helping patients to realize their legal opportunities is highlighted.


2019 ◽  
Vol 5 (2) ◽  
pp. 222-227 ◽  
Author(s):  
D. Shvaiba

The choice of the hierarchical principle of the structural organization of the mechanism of ensuring socio–economic security is consistent with the presentation of the role of its components in the regulation of financial and economic processes. Thus, in the performance of the functions of defence, the role of the components of the mechanism in the schemes of direct and current relations, information channels, management conclusions and administrative work is inevitable. Apart from this, the inter-element relations of the mechanism of ensuring social and economic security are mediated by financial and economic relations and, first of all, commodity–money, which is based on the coordination and specific subordination of financial and economic interests. This means that the process of ensuring social and economic security must not be strictly subordinate to the hierarchy of public administration, and be one of its intensive components, which plays a dual role. On the one hand, it has the ability to be needed as the 1st of the methods of implementation of the state financial and economic interests. But, on the other hand, the method is intended to act as a “signal link” to adjust the provisions of the financial and economic policy in an environment of large-scale dangers, which to some extent refutes its subordination to the previously adopted management conclusions. For example, the study of the structuring of the mechanism of ensuring social and economic security implemented in the Republic of Belarus shows its obvious subordinate nature in the system of public administration. In particular, the element distribution of the presented mechanism was made in coordination with the hierarchy of the management system of economic entities. This means that its capabilities are used only to some extent due to the level of restrictions in the implementation of socio-economic security. Level limitation of the control system leads to the fact that financial and economic regulators of the state and functioning of mesostructures have all chances to be “included” in an absolute measure at the macro level and only partly — at the micro level.


Author(s):  
Vasyl Ya. Tatsii ◽  
Yevhen M. Bilousov ◽  
Daryna S. Kosinova

The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security


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