Legal regulation of financial instruments in the digital economy of Russia

2021 ◽  
pp. 66-77
Author(s):  
Galina Vladimirovna Astratova ◽  
Stanislava Vladimirovna Astratova ◽  
Dmitry Leonidovich Kokorin ◽  
Natalia Sergeevna Mikhailova ◽  
Ulyana Vasilievna Permyakova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
Financial Instruments

DEVELOPMENT OF INNOVATIVE FORMS OF FINANCING IN THE DIGITAL ECONOMY

2021 ◽  
Vol 1 (5) ◽  
pp. 83-92
Author(s):  
O. A. DUBROVSKAYA ◽  
◽  
M. V. MEL’NIK ◽  
Keyword(s):  
Swot Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Method ◽  
Foreign Countries ◽  
Business Financing ◽  
Theoretical Foundations

The study presents the theoretical foundations of crowdfunding, describes its models and classifications. SWOT analysis is used as the main method. Weaknesses and strengths, opportunities and threats of alternative financing are considered. The correspondence of different models of crowdfunding to the peculiarities of the activities of enterprises is shown. Of particular interest is the organization of crowdfunding in foreign countries, where this phenomenon is not considered new and is a healthy competitor to traditional sources of business financing. The advantage of the legal regulation of crowdfunding is considering the peculiarities of many its varieties and models.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

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.

scholarly journals The mechanism of regulatory sandboxes for introducing digital innovations: the practice of implementing experimental legal regimes at national and supranational levels

2020 ◽  
Vol 15 (4) ◽  
pp. 130-138
Author(s):  
E. B. Zavyalova ◽  
D. D. Krykanov ◽  
K. A. Patrunina
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Successful Implementation ◽  
Economic Activities ◽  
Digital Development ◽  
Effective Instrument ◽  
Pass Through ◽  
Legal Mechanism

Introduction. The legal mechanism of regulatory sandboxes is implemented in a number of countries to foster the development of the digital economy. Regulatory sandboxes act as a legal mechanism that allows introducing a special legal regime for new products and services and conducting experiments (with certain restrictions) with their practical usage without violating the national law. The national program “The Digital Economy of the Russian Federation” sets the goal of the development of digital innovations and the corresponding legal regulation. The implementation of transnational strategies of digital development for the EAEU, the CIS, BRICS is considered as a new challenge to the common economic development.Materials and methods. The research is based on the national and international legal acts as well as on national and international strategies of economic development. Among the methods used are comparison, generalization, qualitative and descriptive analysis and case-study method.Results. The study has identified the main forms of regulatory experiments that are implemented in the modern practice of public regulation. The paper proves that the various forms of regulatory experiments (including regulatory sandboxes) are an effective instrument of regulation of the digital innovations. The authors have found the main pass through technologies that are the object of experimental regulation in international practice. The paper sets the criteria for a successful implementation of the concept of supranational regulatory sandboxes that are implemented in several jurisdictions simultaneously.Discussion and conclusion. The study described the main patterns of implementation of regulatory sandboxes for digital innovations; the main characteristics of the regulatory sandboxes’ design were revealed; the general economic activities that can be enhanced by the instrument of regulatory sandboxes for digital innovations were defined.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Legal procuring of international information/cyber security of the digital economy: economic and legal aspects

E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Law And Economics ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Substantial Part ◽  
The European Union ◽  
The Impact

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.

scholarly journals Criminal law measures of ensuring the security of the crypto sphere

2019 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
Oleg Stepanov ◽  
Denis Pechegin
Keyword(s):  
Criminal Law ◽  
Foreign Currency ◽  
Modern Society ◽  
Developed Countries ◽  
Legal Regulation ◽  
Financial Asset ◽  
Financial Instruments ◽  
The Us ◽  
Draft Bill ◽  
The Cost

In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience.

Budget Security Threats and Risks within the Framework of the Digital Economy Development

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  
Keyword(s):  
Public Relations ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
Security Threats ◽  
Digital Currency

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.

Economic and legal regulation of economic activity in the formation of Industry 4.0

2021 ◽  
pp. 105-110
Author(s):  
Nataliya Vnukova
Keyword(s):  
Economic Activity ◽  
Industry 4.0 ◽  
Business Models ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Body ◽  
National Academy Of Sciences ◽  
Industrial Economics ◽  
New Business ◽  
Develop Technology

Problem setting. The development of the digital economy, taking into account international experience, provides a comprehensive analysis of the regulation of economic activity in relation to the application of Industry 4.0 technologies. Conditions for the development of the digital economy and society provide a thorough analysis of economic and legal regulation of economic activity on the use of innovations in Industry 4.0. Actualization of processes is enhanced by the practical actions of various stakeholders, which emphasizes the need for economic and legal support of this process. Therefore, there is a need to develop recommendations for identifying changes in the economic and legal regulation of the actions of economic entities to develop technologies in Industry 4.0. Analysis of resent researches and publications. OECD conducted a study on the development of digital economy and new business models (2014), Polish scientists R. Pukala, M. Ratajczak, Wozniak Jechorek B. consider the problems of communication in the context of digitalization and startups, recommendations for enterprise development in Industry 4.0 on the basis of their intellectualization provided by researchers of the Institute of Industrial Economics of the National Academy of Sciences of Ukraine N. Bryukhovetskaya and O. Chorna. Plakitkin by Yu. and L. consider programs of Industry 4.0 and digital economy. Target of research. Development of theoretical provisions and practical recommendations for determining changes in the economic and legal regulation of the actions of economic entities to develop technology 4.0 Industry. Article’s main body. The current changes in the regulation of economic activity that occur during the development of Industry 4.0 are considered. An innovative approach to the use of modern search engine Google Trends to determine the interest in the digital economy in the world, the results of a survey to understand the concept of Industry 4.0 and determine the potential level of interest of businesses in Ukraine to invest in the industry 4.0 Conclusions and prospects for the development. To regulate economic activity in the context of the development of Industry 4.0 requires developments in the field of law, the results of the survey indicate the need for further analytical and organizational activities to increase the interest of different categories of businesses in the development of Industry 4.0.

scholarly journals LEGAL REGULATION OF DIGITAL ECONOMY IN RUSSIA IN LIGHT OF FOREIGN ECONOMIC SANCTIONS AND RESTRICTIVE MEUSURES

2020 ◽  
pp. 185-192
Author(s):  
A. R. Ryazanova
Keyword(s):  
Digital Technologies ◽  
Economic Sanctions ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
National Market ◽  
Foreign Countries ◽  
The Usa ◽  
Legislative Amendments ◽  
Restrictive Measures

In this article, the author presents a study of the changes in legal regulation of the digital economy caused by the imposition of economic sanctions by the foreign states as well as the Russian Federation. The paper analyzes the restrictive measures imposed in the USA against Russian persons in the field of digital technology. The author concludes that the economic sanctions of foreign countries limit the ability to conduct foreign economic operations in the digital sphere both by Russian persons to foreign persons and vise versa. An analysis of the Russian legal framework for the imposition of restrictive measures and the latest legislative amendments, in particular with regards to the preinstallation requirement of the Russian software, showed that currently the measures introduced in Russia are aimed not at reducing the effect of foreign sanctions, but at developing a national market of digital technologies and decreasing the dependability level ofthe Russian economy on exported technologies in general. The author also highlights that it is necessary to assess the consequences of imposing prohibitions in the field of digital technologies and to consider introduction of more flexible measures of legal regulation upon the results of such assessment.

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