On the Legal Regulation of Cross-Border Insolvency in the Russian Federation

2020 ◽  
pp. 4-14
Author(s):  
Vladimir Bublik
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Cross Border ◽  
The Russian Federation

scholarly journals Legal regulation of the transmission of health-related data: Balance of public interests and individual rights in the context of cross-border health care

2021 ◽  
Vol 12 (2) ◽  
pp. 419-440
Author(s):  
Igor M. Akulin ◽  
◽  
Ekaterina A. Chesnokova ◽  
Umberto Genovese ◽  
Roman A. Presnyakov ◽  
...  
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Health Data ◽  
Medical Data ◽  
Personal Health ◽  
The European Union ◽  
Cross Border ◽  
Digital Format ◽  
The Russian Federation

The article provides a comparative analysis of the regulatory and legal regulation for the processing of a special category of personal health data in the European Union and in the Russian Federation in regard to the digitalization of national health systems. Special attention is paid to the legal framework for the transmission of health information at the cross-border level. It is established that within the framework of European and Russian legislation at this stage, in the context of the formation of digital medicine, there is a comparability in the definition of legal mechanisms for the protection of medical data. It is also noted that in the issue of the transfer of personal health data to third countries, both the Russian Federation and the European Union choose the path of strict restrictive regulation and the introduction of a closed list of grounds for overcoming the ban on cross-border transfer. The reasons for this approach to issues of supranational interaction in healthcare are analyzed, as well as the potential risks of inertia of national legislators in this issue. Based on the analysis, the authors propose a number of amendments and additions to the national legislation on personal data, aimed at simplifying the interaction between jurisdictions on the transfer of confidential medical information. The authors suggest an international agreement on the exchange of medical data in digital format, which potentially should include not only the Russian Federation and the EU states, but also other countries, including Eurasian Economic Union member states, China, and countries of the American continent. The proposed concept is intended to create an opportunity for the formation of a supranational information system in the field of healthcare, which allows for the effective exchange of medical data, taking into account the sovereign interests of the countries participating in the agreement.

Virtual Mobility and Cross-Border Remote Work: Current Reality and Legal Uncertainty

2021 ◽  
pp. 239-250
Author(s):  
Larisa V. Zaitseva ◽  
◽  
Olga А. Abakumova ◽  
Keyword(s):  
Labor Market ◽  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Tax Law ◽  
Remote Work ◽  
Cross Border ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Legal Uncertainty

The aim of the research is to substantiate the urgent need to overcome the legal vacuum and legal uncertainty that have arisen in the Russian Federation regarding the possibilities of legal work remotely abroad. This study analyzes the norms of labor and tax law of the Russian Federation that regulate relations associated with remote work of a person who is outside the Russian Federation in the interests of an employer registered in Russia. The official letters of the Ministry of Labor and Social Protection of Russia and the Ministry of Finance of Russia, which express diametrically opposite positions of these state bodies on the possibilities of legal crossborder remote work, have been studied. The main methodological approaches in the study were comparative jurisprudence and the method of expert assessments. Also, analysis and synthesis, statistical, formal legal and functional methods were used. The study has found that the modern labor market is characterized by an increase in the number of people working remotely. The phenomenon of the globalization of the labor market in the context of the digitalization of the economy has been updated. It is concluded that it is necessary to distinguish between actual remote work in virtual space and work with duties partially performed remotely. The pros and cons of teleworking as a dynamically developing form of precarious employment are outlined. The thesis about the need to review traditional approaches in labor law in relation to the place of work and workplace as mandatory conditions of an employment contract in relation to remote labor relations is substantiated. The authors’ position, explaining the difference in the approaches of the Ministry of Labor and the Ministry of Finance of Russia in relation to remote work abroad and based on the interpretation of the relevant norms of labor and tax law, is determined. The problems of income taxation and mandatory social insurance of remote employees who are located in a different jurisdiction than their employer are identified. Since the problem of cross-border remote labor has become global, the article provides examples from foreign (US) experience of legal regulation, which are radically different from the modern Russian practice. As a result, general problems of the development of cross-border distance employment and the legal consequences of the development of virtual labor migration from the point of view of labor and tax legislation and the practice of its application have been identified. The conclusion is made about the imperfection of the legal regulation and administrative practice of the Russian Federation in relation to the work of persons engaged remotely outside the jurisdiction of the country of registration of their employer. Separate proposals for improving the Russian legislation, designed to legalize and streamline crossborder distance labor relations, are presented.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

CONSTITUTIONAL VALUES AT A NEW STAGE OF DEVELOPMENT OF THE BASIC LAW OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 60-68 ◽  
Author(s):  
MARAT SALIKOV ◽  
MAXIM GONCHAROV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Stage Of Development ◽  
Basic Law ◽  
Russian State ◽  
The Russian Federation

the article examines the changes in the Basic Law taking place in the Russian Federation and their impact on the legal regulation of the constitutional values of the Russian state.

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.

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