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.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights

2021 ◽  
pp. 26-42
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Military Equipment ◽  
Legal Perspective ◽  
Legislative Framework ◽  
The Russian Federation ◽  
The Government

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

Economic Incentive Mechanisms for the Protection and Use of Biological Diversity in the Russian Federation

2020 ◽  
Vol 50 (3) ◽  
pp. 269-277
Author(s):  
Svetlana V. Ivanova
Keyword(s):  
Russian Federation ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Economic Incentive ◽  
Economic Incentives ◽  
Economic Regulation ◽  
Economic Activities ◽  
Incentive Mechanisms ◽  
The Russian Federation ◽  
Business Entities

This paper explores economic incentive mechanisms for the protection and sustainable use of biological diversity in general and more specifically of animals (often referred to as “wildlife”). Based on the author’s analysis of wildlife and tax legislation provisions and law enforcement practice, it concludes that the Russian Federation lacks effective and efficient economic incentives to promote the protection and use of wildlife. It proposes incentive measures for the implementation of legislative norms and economic regulation regarding the protection and sustainable use of the animal world. These incentives are intended to provide tools for sustainable use of wildlife and enhance the dialogue with business entities regarding the prioritisation of environmentally friendly economic activities.

scholarly journals EVALUATION OF CRITERIA FOR THE ACTIVITIES OF REPRESENTATIVE OFFICES OF JAPANESE COMPANIES IN THE RUSSIAN FEDERATION AND THE NEED TO IMPROVE THEIR EFFICIENCY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 70-80
Author(s):  
A. M. Petrov ◽  
L. M. Sembieva ◽  
N. I. Golysheva ◽  
R. A. Ivanov ◽  
N. K. Muravitskaya
Keyword(s):  
Foreign Direct Investment ◽  
Russian Federation ◽  
Direct Investment ◽  
Structural Changes ◽  
Legal Status ◽  
Legal Regulation ◽  
Business Environment ◽  
Capital Inflows ◽  
The Russian Federation ◽  
Business Entities

Being one of the most important tools of the national economy, foreign direct investment provides means for production expansion, creating employment opportunities and jobs, accelerating structural changes, improving the country’s financial standing in foreign relations, increasing its foreign exchange reserves, reducing budget holdbacks, and improving its credit rating. In Russia, foreign investments are primarily made through capital contributions by registered foreign residents. According to official reports, in the total annual capital inflows into the Russian Federation, 10 to 12% are attributable to foreign direct investment, 1 to 2% - to indirect investment, and up to 80% - to other investments. The current state of the world economy is characterized by many challenges: from increased competition and a new round of trade wars between major economic powers to a shift in emphasis in approaches to assessing the effectiveness of economic entities from exclusively financial to mainly non-financial, including environmental and social aspects. The corresponding economic conditions, coupled with significant political and economic pressure from a number of countries, sharply raise the issue of developing new approaches to determining the effectiveness of their own activities. Determining the effectiveness of business entities is necessary in order to ensure timely and adequate assessment of their business model from the perspective of key stakeholders and to develop an effective strategy for long-term sustainable functioning in the new business environment. This issue is particularly relevant for those economic entities that implement their activities, including through foreign representative offices. Determining the effectiveness of business entities ' representative offices abroad and evaluating their strategic performance, in addition to differences in approaches to accounting and public reporting, is also complicated by the specifics of the legal status of representative offices of economic entities, as well as the processes of legal regulation of their activities in different countries.

scholarly journals ON SOME ASPECTS OF THE LEGAL REGULATION OF RELATIONS ARISING FROM ARTIFICIAL INTELLIGENCE

2021 ◽  
pp. 121-132
Author(s):  
Т.В. Твердова
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Intellectual Activity ◽  
The Russian Federation ◽  
The Creation ◽  
Special Rules

Аннотация. Статья посвящена оценке искусственного интеллекта с по- зиции действующего российского законодательства, предлагается относить- ся к нему как к результату интеллектуальной деятельности. Рассмотрена целесообразность включения в Гражданский кодекс Российской Федерации спе- циальных норм о договорах, заключаемых по поводу создания искусственного интеллекта и передачи прав на его использование. Затронута проблема от- ветственности. The article is devoted to the assessment of artificial intelligence from the standpoint of the current Russian legislation, it is proposed to treat it as a result of intellectual activity. The expediency of including in the Civil Code of the Russian Federation special rules on contracts concluded on the creation of artificial intelligence and the transfer of rights to use it is considered. The problem of responsibility is raised.

scholarly journals Tax control over the computation and discharge of VAT in services rendered by foreign companies in electronic form on the territory of the Russian Federation: legal aspect

2021 ◽  
pp. 70-84
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
Value Added ◽  
Legal Regulation ◽  
Tax Administration ◽  
Foreign Companies ◽  
The Past ◽  
Electronic Form ◽  
The Russian Federation ◽  
Internet Company

This article is dedicated to the analysis of relevant problems of tax control in the e-commerce sector caused by digitalization and globalization of business. The author gives general characteristics to tax control as the key element of tax administration; examines the peculiarities of legal regulation of the value-added tax for services rendered by foreign companies in electronic form on the territory of the Russian Federation. Description is given to the amendments in the Russian legislation on taxes and fees related to the establishment of new rules of VAT taxation for electronic services provided by foreign suppliers, which have been enacted in the past five years. Attention is turned to such instrument of interaction of the Federal Tax Service of Russia with foreign companies as the “VAT office of a foreign Internet company”. Analysis is conducted on the major problems of tax control over the computation and discharge of VAT in rendering transboundary electronic services on the territory of the Russian Federation, which emerge also due to the gaps in legal regulation. The author outlines the vectors of improving tax control in this sphere. The conclusion is made on the need for amending the legislation of the Russian Federation on taxes and fees, further expansion of the use of digital technologies in tax administration, and creation of infrastructure necessary for automated interaction with various institutions and tax authorities of other countries, development of international cooperation, and formation of tax culture.

scholarly journals New forms of investment in the conditions of Industry 4.0. (crowdfunding, crowdinvesting)

2021 ◽  
Vol 101 ◽  
pp. 02020
Author(s):  
Olesya P. Kazachenok
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Industry 4.0 ◽  
Industrial Revolution ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Traditional System ◽  
Investment Projects ◽  
The Russian Federation ◽  
Business Entities

The paper examines crowdfunding, crowdinvesting as modern forms of investing in various projects in the context of the emergence of the “fourth industrial revolution”, taking into account the priorities of the international integration of the Russian Federation (BRICS, EAEU). The author assesses the traditional system of exercising the rights and legitimate interests of participants in modern forms of investment for compliance with new needs under the introduction of innovative management technologies. The gaps in the legal regulation of the institution of crowdfunding in Russia, including: legal uncertainty in the qualification of an agreement concluded on an investment platform; lack of fixed legal guarantees for participants in investment projects, etc., have been identified. Given the processes of transformation of public relations under Industry 4.0, the author identifies ways to eliminate gaps both in legal regulation and in theoretical and legal aspects. According to the author, such changes are intended to prevent violations of the rights of business entities in the context of Industry 4.0. and reflect the domestic legal policy in relation to alternative forms of financing innovative projects based on digital technologies by business entities of the countries participating in integration associations with the participation of the Russian Federation.

scholarly journals Identification of the areas for improving the Russian legislation on taxation of controlled foreign companies based on the experience of European Union member-states

2021 ◽  
pp. 26-39
Author(s):  
Aleksandra Melnikova
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Union Member ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Form ◽  
Member States ◽  
Foreign Companies ◽  
The Russian Federation ◽  
European Union Member States

This article is dedicated to identification and analysis of the gaps in legal regulation of profit taxation of controlled foreign companies (CFC) in the Russian Federation, by comparing the Russian legislation with the legislation of the European Union member-states. Comparison is conducted on the current legislation of the Russian Federation on CFC with analogous rules in France, Germany, Netherlands, and Great Britain. The author determines the similarities and differences in the regimes of profit taxation of controlled foreign companies, and substantiates the need for introducing point amendments to the current legislation of the Russian Federation on profit taxation of controlled foreign companies. The structure of the Russian rules on CFC is largely similar to such in the developed European countries. The definition of the concept of control in the Russian legislation for the most part aligns with the definitions of the analogous concept in the legislation of France, Germany, and Netherlands; although the Russian definition is certainly broader, as it applicable to foreign structures without formation of legal entity, and contains both quantitative and qualitative criteria. Despite formal similarity of the Russian rules on CFC and their foreign equivalents, there are gaps in the Russian legislation, the interpretation of which by the tax authorities and the Ministry of Finance is at times contradictory and often does not benefit the taxpayer. Numerous questions arise from filling out and submitting participation notices and CFC notices, the procedure for which also contains multiple gaps, and the grounds for their submission in the legislation are quite ambiguous. Taxpayers often do not timely notify the tax authority on the participation in CFC or do not submit the corresponding notice due to inaccessibility of software for filling out notices for companies established in particular organizational-legal form.

scholarly journals Review of case law on notification of tax authorities on the controlled foreign companies

2021 ◽  
pp. 10-25
Author(s):  
Aleksandra Melnikova
Keyword(s):  
Incomplete Information ◽  
Russian Federation ◽  
Case Law ◽  
Legal Regulation ◽  
Foreign Company ◽  
Foreign Companies ◽  
The Russian Federation ◽  
Orthographic Errors

This article is dedicated to revelation and analysis of the gaps in legal regulation of profit taxation of controlled foreign companies (CFC) and notification of tax authorities on the controlled foreign companies via examining the available case law. The author determines six types of legal disputes that arise in the context of submission of participation notices in CFC, as well as CFC notices. Analysis is conducted on the methods of elimination of gaps in legislation of the Russian Federation on controlled foreign companies by introduction of point amendments to the current legislation on CFC. Settlement of legal disputes over interpretation of the Paragraph 7.1 of the Article 309.1 and Subparagraph 2 of the Paragraph 1 of the Article 25.13-1 of the Tax Code of the Russian Federation requires supplementing the Article 25.14 of the Tax Code of the Russian Federation with the Paragraph 3.2 of the following content: “The obligation on submitting the CFC notice does not depend on the financial results of CFC. The existence of tax exemption does not relieve of the duty to provide CFC notice”. The disputes often arise when the taxpayers default the submission period, and after receiving a request from the inspectorate, provide data for not only the companies listed in the request, but other companies as well. For avoiding any related disputes, it is recommended to supplement the Paragraph 2 of the Article 25.14 of the Tax Code of the Russian Federation with the following content: “A revised notice cannot be submitted with regards to CFC, the information on which was not provided in the initial notice”. In order to minimize the actions of inspectorate “with unacceptable formalism”, it is recommended to supplement the Article 129.6 of the Tax Code of the Russian Federation with the Paragraph 3 of the following content: “Submission of incomplete information or information containing technical or orthographic errors, which do not obstruct the identification of foreign company, are not considered a tax crime”.

scholarly journals The Mechanism of Recognition and Withdrawal of Unregistered Medical Devices from Circulation

2021 ◽  
Vol 16 (7) ◽  
pp. 52-65
Author(s):  
A. G. Bondarenko ◽  
A. A. Chimbireva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Devices ◽  
Legal Regulation ◽  
Judicial Control ◽  
Response Measures ◽  
The Russian Federation ◽  
Business Entities ◽  
Mechanism Of Recognition ◽  
Legal Consequences

The paper is devoted to the study of issues related to the powers of Roszdravnadzor to identify unregistered medical devices in circulation and to take response measures to limit their further sale and use by business entities. The authors analyze the features of the implementation of these powers of Roszdravnadzor and the problems arising in law enforcement practice. An analysis of the current Russian legislation leads the authors of the article to the conclusion that the legal regulation of the powers of Roszdravnadzor to recognize the products as unregistered and to make administrative decisions to restrict their circulation on the territory of the Russian Federation is insufficient and contradictory. The lack of proper legal regulation in this area entails negative legal consequences for participants in civil turnover. On the basis of the study, the authors formulates specific proposals for improving the legal regulation of the recognition and withdrawal from circulation of unregistered medical devices using mechanisms of preliminary and subsequent administrative (extrajudicial) and judicial control.

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