External Labor Migration in Modern Russia: the Need to Revise the Conceptual Framework

2021 ◽  
Vol 5 ◽  
pp. 13-21
Author(s):  
V. P. Ocheredko ◽  
◽  
E. A. Malyshev
Keyword(s):  
Economic Development ◽  
Labor Migration ◽  
Complex Structure ◽  
Migration Policy ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Institutional Interaction ◽  
Economic Relations ◽  
General Scientific ◽  
Definition Of

Problem statement. The globalization of economic development factors, the development of world economic relations is manifested, in particular, in the formation of the international labor market, stimulating the growth of external labor migration. These processes fully affect Russia and sharply actualize the need for the institutional and regulatory arrangement of developing migration processes. The implementation of the necessary steps to solve existing problems runs into the preservation of traditional ideas about the content of external labor migration, the existing regulatory framework, and the established forms of institutional interaction at the federal and regional levels. Purpose of the study consists in substantiating the need to develop the concept of external labor migration as a phenomenon having a complex structure of a single nature of multidirectional flows of external labor migration – labor emigration from Russia and labor immigration to Russia. As a research task, the authors determined the development at the conceptual level of the basic category, the definition of the system of legal tools included in the administrative-regulation mechanism of external labor migration in modern Russia. Methods. The work methodology is determined by general scientific, special and private-scientific methods of cognition, which made it possible to comprehensively study the problems of administrative and legal regulation of external labor migration in modern Russia. The work was carried out on the basis of the use of such general scientific research methods as comparative legal, formal legal and institutional legal modeling. In the course of the study, system-structural and logical approaches to the study were applied. The analysis of external labor migration in the proposed sense requires new approaches. In its most general form, this can be represented as a «reverse» dichotomous analysis. Results. The analysis and generalization of existing traditional approaches to understanding external labor migration is carried out and the need to overcome them is substantiated. The theoretical foundations are determined and the author's interpretation of the concept of external labor migration as a whole economic and legal phenomenon, consisting of relatively autonomous, but organically connected exit and entry labor flows, is proposed. The necessity of improving legal regulation, a new level of institutional interaction of public administration bodies at the federal and regional levels on the regulation of external labor migration flows in the context of Russia's economic development is substantiated. Conclusions. Ensuring the national interests of Russia involves the search for adequate organizational and legal measures to implement the strategic goals of improving the management of migration processes. The definition of the modern vector of state policy in the field of external labor migration should be based on a new conceptual theoretical basis. Migration legislation in the field of external labor migration needs to be codified, developed and adopted an independent federal law «On External Labor Migration». An important step in improving migration policy is the development of new forms of institutional interaction at the federal and regional levels.

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.

scholarly journals CHALLENGES FACING THE CURRENT STATE OF EXPORT POTENTIAL (IN THE CASE FOR AZERBAIJAN)

2021 ◽  
Vol 43 (04) ◽  
pp. 04-09
Author(s):  
Ayten Mekhraliyeva Ayten Mekhraliyeva
Keyword(s):  
Economic Development ◽  
Foreign Relations ◽  
State Intervention ◽  
Legal Framework ◽  
Legal Regulation ◽  
Economic Relations ◽  
Export Activity ◽  
Current State ◽  
Modern System ◽  
The Republic

The purpose of the study is to identify the importance of increasing export activity in ensuring economic development and the main conditions for increasing the country's export potential, to stimulate exports based on an assessment of the current state of export operations. Moreover, the study determines the directions for increasing the country's export potential and improving the legal framework for its use, furthermore, compile the adequate suggestions and recommendations. The report identifies the importance of export activities in the modern system of economic relations; The main conditions for increasing the export potential in the Republic of Azerbaijan and the stimulated means of using the export potential have been studied; the need for legal regulation of state intervention to increase the export potential of Azerbaijan and promote its implementation was substantiated; the system of legislative acts regulating the implementation of export operations was analyzed; the mechanisms of realization of the existing state support in the field of export stimulation in our country have been studied; The directions of improving the legal framework to increase the export potential and stimulate exports have been identified in our country. Keywords: export, foreign relations, economic development, growth, international trade.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

scholarly journals СВІТОВИЙ ДОСВІД ФОРМУВАННЯ ДЕРЖАВНОГО МЕХАНІЗМУ НОРМАТИВНОПРАВОВОГО РЕГУЛЮВАННЯ СОЦІАЛЬНО-ЕКОНОМІЧНИХ ВІДНОСИН У БУДІВНИЦТВІ

2019 ◽  
Vol 82 (1) ◽  
pp. 50-57
Author(s):  
MARUSHEVA O.,
Keyword(s):  
Western Europe ◽  
General Trend ◽  
Developed Countries ◽  
Legal Regulation ◽  
The European Union ◽  
Professional Certification ◽  
State Sector ◽  
Economic Relations ◽  
The United Kingdom ◽  
Definition Of

Стаття присвячена визначенню особливостей формуваннядержавного механізму нормативно-правового регулювання соціальноекономічних відносин у будівництві у країнах Європейського Союзу.Виявлено, що у державах Західної Європи свідомо передається частинафункцій нормативно-правового регулювання соціально-економічнихвідносин у будівництві недержавному сектору. В Німеччині,Великобританії, США саме на таких організаціях лежать функції зліцензійного забезпечення господарської діяльності, що пов’язана зістворенням будівель та споруд, проведенням професійної атестації.Проаналізовано, що у Франції головний регуляторний орган –Міністерство будівництва, транспорту й туризму. Його діяльністьполягає у вивченні кон’юнктури, прогнозуванні, консультуванні місцевихорганів, наданні субсидій та кредитів організаціям (для реалізаціїбудівельних програм). Зроблено висновок, що міжнародний досвідпідтверджує загальну тенденцію розвинених країн – роздержавлення всфері управління будівництвом й передача більшості владноуправлінських функцій саморегулюючим організаціям. The article is devoted to the definition of the peculiarities of the formationof the structure of the state mechanism of legal regulation of social andeconomic relations in construction in the countries of the European Union. It isrevealed that in the states of Western Europe consciously transferred part ofthe functions of regulatory and legal regulation of socio-economic relations inthe construction of the non-state sector. In Germany, the United Kingdom, andthe United States, such organizations have the functions of licensing businessactivities related to the construction of buildings and constructions,professional certification. It is analyzed that in the France the main regulatorybody is the Ministry of Construction, Transport and Tourism. His activityconsists in studying the situation, forecasting, advising local authorities,granting subsidies and loans to organizations (for the implementation ofconstruction programs). It was concluded that international experienceconfirms the general trend of developed countries – denationalization of themanagement of construction and the transfer of most power and managementfunctions to self-regulatory organizations.

scholarly journals Prospects for the development of legal regulation of the crypto currency market in Russia

E-Management ◽  
2020 ◽  
Vol 2 (4) ◽  
pp. 11-21 ◽  
Author(s):  
O. I. Larina
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Financial Assets ◽  
Technological Changes ◽  
Legal Norms ◽  
Systemic Risks ◽  
Crypto Currency ◽  
Definition Of ◽  
Near Future

An accomplished fact is the development of the cryptocurrency market, including in Russia. At the same time, the Russian legal regulation mechanism has not yet been formed, and the existing draft law on the circulation of digital financial assets has not yet been agreed. Growing demand for cryptocurrencies from investors carries systemic risks, as well as threats of using digital financial assets for illegal purposes. In this regard, regulators in different countries are forced to take measures to legislate the circulation of such assets. At the same time, such measures can be quite different: from simply informing subjects about possible risks to the adoption of detailed laws establishing the rules for the circulation of such assets, the rights and obligations of subjects. At the same time, country approaches not only to regulation, but also to the definition of the essence of cryptocurrencies (money, assets, rights) differ greatly.The purpose of the article is to form recommendations on possible development of directions of Russian regulation of the cryptocurrency market. International approaches to the regulation of digital currencies, the practice and features of their application, as well as the proposed legal norms of the Russian bill on the use of digital financial assets in civil circulation have been analyzed in the article. As the research methodology, legal and comparative analysis of Russian and foreign practice has been used. Recommendations for making amendments to the current financial legislation and emerging digital legislation have been given. According to the author, the development of the cryptocurrency market in Russia in the near future will be influenced by the following facts: the adoption of digital legislation, international experience and practice of using cryptocurrencies, technological changes.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Socioeconomic Factors Of UAL Migration In The Educational System

2021 ◽  
Vol 03 (08) ◽  
pp. 69-73
Author(s):  
Fatxulla Abduvaliyev ◽  
Keyword(s):  
Educational System ◽  
Labor Migration ◽  
Statistical Data ◽  
Migration Policy ◽  
Professional Activity ◽  
Main Task ◽  
Economic Relations ◽  
The World ◽  
World Economic ◽  
International Labour Migration

It is worth noting that today's intellektual migration has become an integral part of the World Economic Relations. The more serious impact international labour migration has on the level of development and the indicators of statistical data around the world, intellektual migration has made its social and economic appearance completely unique. While labor migration has affected ethnic and religious factors, ual migration has linked professional activity to talent and ability. As the process of migration is studied by the state migration centers, the regulation of the migration policy is used by various bureaucratic bodies to slow down its possibilities, but this can stop the ongoing processes only for a certain period of time, which can not be the main task of getting out of the problem, since bureaucratic measures adversely affect.

scholarly journals THE CONCEPT OF LEGITIMATE ECONOMIC INTEREST

2019 ◽  
Vol 4 (5) ◽  
pp. 175
Author(s):  
Tymur Loskutov ◽  
Sergey Miroshnychenko ◽  
Rostyslav Lemekha
Keyword(s):  
Scientific Research ◽  
Legal Regulation ◽  
Economic Interest ◽  
Economic Choice ◽  
Legitimate Interest ◽  
Important Means ◽  
General Scientific ◽  
General Meaning ◽  
Definition Of ◽  
Simple Economic

The purpose of the article is to define the concept of legitimate economic interest. The desired result of scientific research is achieved through the following tasks: the study of theoretical representations in relation to economic interest and legitimate interest, the definition of the concept of legitimate economic interest. The subject of the study is the notion of legitimate economic interest. The methodology of the research is a set of general scientific and special methods of scientific knowledge, which using made possible to study economic interest and legitimate interest and made possible the emergence and disclosure of the concept of legitimate economic interest. As a result of the analysis of scientific views on the notion of economic interest, it is established that scientists do not include legal features, which confirm the legality and legitimacy of economic interest, in its content. The inclusion of legal features in the definition of economic interest causes the definition of the concept of legitimate economic interest. It is concluded that legitimate economic interest is reflected in the legislation and follows from its general meaning. It is a simple economic permit, which is guaranteed, to a certain extent, by state bodies, and is expressed in the economic aspirations and economic actions and relations of a person concerning the fact of using of a particular economic good on the basis of the implementation of economic choice, which result is to change the economic situation of the person. As well as, if necessary, this simple economic permit is expressed in seeking protection from the judicial authorities in order to satisfy their own economy’s needs, which do not contradict the public interests, the Constitution and laws of Ukraine, justice, reasonableness, fullness, objectivity, equality, competitiveness and other principles of law. The practical value of scientific research is to reveal the content of an important means of meeting economic needs within the framework of legal regulation. The originality of the research is manifested in the fact that the article attempts to combine signs of economic interest and legitimate interest in defining the concept of legitimate economic interest. This approach provided for the disclosure of the person’s economic aspirations in connection with the rules of law. The prospects for further development in the direction of the study of legitimate economic interest are determined, in particular, concerning the fact of its relation with economic law and peculiarities of realization.

Subsidiary Liability of Actually Controlling Persons in Cases of Bankruptcy: Theory and Judicial Practice

2020 ◽  
Vol 11 ◽  
pp. 72-85
Author(s):  
A. V. Efimov ◽  
Keyword(s):  
Legal Regulation ◽  
Practice Research ◽  
Legal Entity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Status ◽  
Degree Of Certainty ◽  
General Scientific ◽  
Definition Of ◽  
Actual Control

Currently, the problem of subsidiary liability of controlling persons is complicated by the specifics of the status of persons who are not in legal relations with the debtor, but actually control it. The identification of actually controlling persons is difficult due to the insufficient certainty of the signs of actual control. It is important to note that the degree of certainty of the signs of actual control at the level of legal regulation affects the accuracy of the qualifications of persons as controllers when considering specific court cases. The purpose of this article is to formulate theoretical conclusions on the identification and prosecution of actually controlling persons on the basis of judicial practice. Research objectives: assessment of the legal regulation of subsidiary liability of controlling persons; assessment of situations of actual control; identification of signs of actual control. This article is based on general scientific methods (systemic, functional, a group of logical methods such as deduction, induction, analysis, synthesis) and special legal methods (formal legal, legal modeling method). As a result, it was concluded that the definition of controlling persons includes both persons who are in legal relations with a legal entity (nominal control), and persons who are not in legal relations with a legal entity, but nevertheless have the ability to provide actual the control. Since the signs of actual control are insufficiently defined at the level of legal regulation, problems of subsidiary liability of actually controlling persons arise in judicial practice. It was revealed that the courts qualify actual control due to circumstances that indicate either the exercise of specific powers of the debtor's bodies directly by the actually controlling persons; or that the powers of the debtor's bodies are exercised by nominal controlling persons, but their will is formed by actually controlling persons.

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