scholarly journals Pre-Trial Prevention of Insolvency: Technology, Procedures, Innovations

2019 ◽  
Vol 8 (12) ◽  
pp. 710-719
Keyword(s):  
Comparative Law ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Insolvency Law ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Economic Entity ◽  
General Scientific ◽  
Insolvency Proceedings ◽  
The Relationship

The purpose of this work is to determine the essence of pre-trial prevention of insolvency of an economic entity, consider the content of this phenomenon, and study its use in order to prevent the existing negative consequences of insolvency proceedings in the economy. The methodological basis of the study comprises the general scientific dialectical method of cognition, which allows considering the institutions of law in the relationship, integrity, and development. Special and specific scientific methods are used: historical and legal, formal and logical, the method of comparative law. In order to achieve this result, the following more specific tasks are proposed: to determine the place of pre-trial prevention of insolvency of an economic entity within the framework of the institution of insolvency; to isolate the structure of the phenomenon of pre-trial prevention of insolvency; to determine the essence of the specific aspects of pre-trial prevention of insolvency; to analyze the features of individual procedures and develop proposals for the legal regulation of their conduct; to develop proposals to improve domestic insolvency law in order to ensure the possibility of preventing the negative consequences of bankruptcies in the pre-trial stages. Based on foreign experience, it is proposed to regulate the activities of domestic entrepreneurs in the field of pre-trial prevention of insolvency of economic entities at the legislative level.

scholarly journals Experimental legal regimes for digital innovation and a special regulation mechanism: new concepts of russian legislation and first projects

2021 ◽  
Vol 106 ◽  
pp. 02009
Author(s):  
Oksana Mamina ◽  
Ekaterina Kobzeva
Keyword(s):  
Legal Regulation ◽  
Regulation Mechanism ◽  
Negative Consequences ◽  
Federal Law ◽  
Systematic Analysis ◽  
Scientific Methods ◽  
Flexible System ◽  
New Concepts ◽  
Legal Regimes ◽  
General Scientific

The paper examines the new concepts of Russian legislation introduced into the mechanism of legal regulation with the entry into force of the Federal Law “On Experimental Legal Regimes in the field of Digital Innovations in the Russian Federation” and analyzes the first projects approved as part of its implementation. Thus, one of the actively implemented types of regulatory technologies, as shown in the article, is the “regulatory sandboxes”. The establishment of an experimental legal regime within the framework of the functioning of “regulatory sandboxes” means the application to legal entities and individual entrepreneurs of a special, different from the generally established legal regulation (special regulation and general regulation – in the definitions of the law under study). The article analyzes the prerequisites and possible results of the implementation of a flexible system of legal regulation aimed at stimulating the development of technologies and preventing possible negative consequences associated, inter alia, with the use of artificial intelligence. When writing the work, of general scientific methods were used (such as: dialectical, systematic, analysis, synthesis, induction, deduction, modeling, observation) and special private scientific methods of cognition (in particular, formal legal). In the course of using this methodology, the authors described in detail the distinctive characteristics and predictively outlined the features of a flexible system of legal regulation aimed at stimulating the development of technologies, as well as drew conclusions about the possibilities arising from the use of the mechanism of “regulatory sandboxes” in modern Russia.

scholarly journals On the Relationship between the Mechanism and the Method of Legal Regulation of Businesses

2019 ◽  
Vol 3 (2) ◽  
pp. 181-186
Author(s):  
Наталья Рубцова ◽  
Natal'ya Rubcova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Business Regulation ◽  
General Scientific ◽  
The Relationship

The paper features the correlation between the concepts of mechanism and method of legal regulation in the context of entrepreneurial activity. The research objective was to determine the features and prospects of the development of the mechanism of legal regulation in business sphere. The research was based on the General scientific dialectical method and such private scientific methods as comparative, historical, logical, and modeling. The paper describes separate elements of the mechanism of legal regulation that structure certain public relations. The authors analyzed opinions of legal scholars on the mechanism and method of legal regulation. The mechanism and the method of legal regulation proved to be non-identical concepts. In contrast to the method of legal regulation, which means a set of techniques and methods by which certain social relations are regulated, the mechanism of legal regulation reflects a certain technology of legal regulation. In addition, it ensures the functioning of both the system of law as a whole and its individual branches and institutions. This study can serve as a basis for a further analysis of the mechanism of legal regulation to determine its effectiveness in relation to business regulation.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals ORGANIZATION OF ENSURING THE ECONOMIC RELIABILITY OF A MODERN INDUSTRIAL ENTERPRISE

2021 ◽  
Vol 230 (4) ◽  
pp. 404-409
Author(s):  
A.R. TERENTEVA ◽  
Keyword(s):  
Industrial Enterprise ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Industrial Enterprises ◽  
Levels Of Organization ◽  
Technological Approach ◽  
General Scientific ◽  
Comparison And Analysis

This article proves the need to create a system of organization for providing economic reliability by forming a mechanism for economic reliability based on the process-technological approach, suggests the author's gradation of the levels of organization for ensuring economic reliability and reveals their relationship with the level of economic reliability of industrial enterprises in the conditions of technological dynamics. The methodological basis of the study was made up of general scientific methods of classification, generalization, comparison, and analysis.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

scholarly journals Categories of reasonableness and good faith in private law regulation

2021 ◽  
Vol 7 (3A) ◽  
pp. 60-66
Author(s):  
Natalya I. Besedkina ◽  
Vasily V. Gushchin ◽  
Taimuraz E. Kallagov ◽  
Tatiana V. Larina ◽  
Zlata V. Makarchuk
Keyword(s):  
Financial Markets ◽  
Good Faith ◽  
Private Law ◽  
Structural Concrete ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Legal Nature ◽  
Two Factors ◽  
General Scientific ◽  
Law Regulation

The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).

scholarly journals Synergy of Family Business and Social Entrepreneurship: Problems of Law, Economics and Technology Development

2021 ◽  
Vol 110 ◽  
pp. 01016
Author(s):  
Anatoly N. Levushkin ◽  
Yana S. Grishina ◽  
Olga G. Bartkova ◽  
Tatyana V. Savina
Keyword(s):  
Family Business ◽  
Social Entrepreneurship ◽  
New Technologies ◽  
Technology Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Scientific Methods ◽  
Economic Relations ◽  
Family Enterprise ◽  
General Scientific

During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.

Organizational and Methodical Aspects of Accounting for Fixed Assets of Economic Entities in Various Areas of Activity

2021 ◽  
pp. 177-185
Author(s):  
Anna Yu. Latysheva ◽  
Anna V. Romanenko
Keyword(s):  
Economic Aspects ◽  
Specific Nature ◽  
Accounting Data ◽  
Factors Affecting ◽  
Scientific Methods ◽  
Economic Entity ◽  
Fixed Assets ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Theoretical Developments

The authors propose a differentiated approach to the organization of fixed assets accounting, which consists in structuring the account 01 “Fixed assets” depending on their areas of activity of economic entities. This article also substantiates the composition of analytical accounts of fixed assets in the context of factors affecting the accounting. The study was carried out on an urgent topic - the accounting of fixed assets is undergoing changes due to legislative innovations. In addition, organizational and economic aspects and factors of a specific, industry-specific nature are of no small importance when building a system of accounting for fixed assets. The analysis of the role and significance of the influence of the characteristics of various types of activities of economic entities on the accounting of fixed assets allows us to identify the directions and methods, the use of which will ensure a positive dynamics of the efficiency of the use of fixed assets and the growth of labor productivity. In the course of the research, general scientific methods of cognition were used, such as analysis and synthesis, consistency and complexity, analogy, comparative and logical approach. The organizational and methodological provisions developed by the authors of the article contribute to the development of the methodology of accounting for fixed assets of economic entities engaged in various types of activities. Some of the results of this study can serve as a vector for further practical and theoretical developments, increase the transparency, relevance, and analyticity of information about the activities of an economic entity based on accounting and management accounting data. The recommendations and approaches proposed by the authors of the article can be applied as a basis for improving the accounting and methodological support for the management of fixed assets of an economic entity.

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