scholarly journals Organizational-legal models of international scientific and technical cooperation on the creation and utilization of global research infrastructure in the nuclear sphere

Author(s):  
Elvin Teymurov ◽  
Yaroslav Sergeevich Kozheurov

Legal science is facing the relevant task of studying the existing legal forms and models of international scientific and technical cooperation on creation and utilization of global research infrastructure in the nuclear sphere, as well as determining their flaws and merits, capacity of implementation and adjustment to the “mega-science” projects in the Russian Federation. The key factors in determining legal aspects of creation and utilization of the global research infrastructure are the following: organizational-legal framework (establishment of an independent subject or usage of  the already existing “umbrella” legal structures), and which legal tools are applied and to which law this activity is subordinated. The organizational-legal model of the international scientific and technical cooperation with existing intergovernmental organization of the framework type or legal entities, as well as by means of instituting of special subjects, can be schematically described as the four-level system. The advantage of using the umbrella-type models in nuclear sphere consists in availability of most of its tools and mechanisms, which require just the adjustment to the specific projects, and the possibility of implementation of a substantial number of projects. If there is a need for ensuring partnership on a shared basis, financial responsibilities, and the dependent on them management structure, the appropriate form is the creation of a special subject of project type. Based on the “legal environment”, the use of international intergovernmental organization implies certain immunities and privileges, removal from the jurisdiction of the accepting country, etc. It is important that in the modern conditions it is more difficult to subordinate the international intergovernmental organizations to the politically motivated unilateral restrictive measures (“sanctions”). Although, the use of the construct of legal entity can ensure better efficiency, flexibility, and managerial inexpensiveness of the process, especially as the also can qualify for the exceptions to national law. Most successful seems the development of a special organizational legal form mentioned in the draft Federal Law “On scientific, Scientific-and Technical, and Innovation Activity in the Russian Federation”, which would be an international research organization.

Author(s):  
S. A. Dekhanov

The article is devoted to the study of freedom of Association as a variety of political freedoms and the infl uence of the constitutional and legal method of securing freedom of Association (associations) on the organizational and legal forms of legal entities. The author consistently analyzes the French, German and British models of freedom of Association and gives examples of the infl uence of these models on other countries. Freedom of Association has a constitutional and legal form of consolidation in the Russian Federation, which receives the necessary specifi cation in civil legislation by constructing such organizational and legal forms as Association and Union. The author comes to the conclusion that in Russian law, an Association is a constitutional legal institution, while an Association and a Union are civil law institutions. In accordance with paragraph 18 of article 22 of the Federal law “on advocacy in the Russian Federation” and article 23 of the law on relations arising in connection with the establishment, operation and liquidation of the bar Association and law offi ces. The article focuses on the essence of a legal entity and a Corporation. The author believes that the legal structure (concept) of the Corporation originates from the activities of legists and canonists. The corporatist concept of legists covered any legal entities that did not coincide with a natural (natural) person. According to the author, the real turning point in the study of the nature of a legal entity occurred in connection with the activities of F. Savigny and his followers: B. Windscheid and G. Pukhta. The legal entity was also studied by R. Iering, I. Blunchli, O. Gierke and outstanding Russian scientists G. F. Shershenevich, N. M. Korkunov and others. Freedom of Association (associations), French, German, British model of freedom of Association (associations), Constitution, Corporation, ideal goal, business companies, non-profit partnership, bar Association, law office.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

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.


Auditor ◽  
2021 ◽  
pp. 24-28
Author(s):  
Nataliya Kazakova

The article includes materials presented at the scientifi c and practical conferences «Problems of Audit Quality» organized by the Self-regulatory organization of Auditors «Sodruzhestvo» in June-July 2021. Th e conferences are dedicated to the development of audit education and qualifi cation certifi cation of audit personnel in the Russian Federation, aimed at improving the quality of audit through the introduction of a competence-based approach and the creation of a national system for regular monitoring of auditor’s competencies, contributing to the training of broad-based specialists in demand in various areas of economic, business and fi nancial management.


Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.


2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.


Author(s):  
Е.Е. Девяткин ◽  
Д.Н. Федоров ◽  
Я.М. Гасс ◽  
М.В. Иванкович

Рассмотрены и классифицированы существующие узкополосные беспроводные сети связи (УБСС), реализованные с использованием конвергентных решений. Показано, что появление нового объекта регулирования УБСС интернета вещей усиливает необходимость перехода от локальных корректировок законодательства в сфере связи к созданию инфо- коммуникационного кодекса Российской Федерации. Existing narrowband wireless communication networks using convergent solutions are reviewed and classified. It is shown that the emergence of narrowband wireless networks of Internet of things increases the need for transition from local adjustments of legislation in the field of communications to the creation of the Infocommunication Code of the Russian Federation.


Author(s):  
А.А. Абдулвагапова

В статье представлены результаты оценки внешних и внутренних факторов, оказывающих влияние на реальный объем инновационных товаров, работ и услуг посредством построения модели по панельным данным за 2011-2018 годы по семидесяти двум регионам Российской Федерации. Было выявлено приблизительно тождественное влияния численности научно-исследовательского персонала и вводимых в действие общих площадей жилых домов на зависимую переменную. Также представлены результаты проведенного опроса собственников малого бизнеса на предмет выявления факторов-ограничителей, препятствующих инновационной деятельности. The article presents the results of assessing external and internal factors that influence the real volume of innovative goods, works and services by building a model based on panel data for 2011-2018 for seventy-two regions of the Russian Federation. It was found that the influence of the number of research personnel and the total area of residential buildings put into operation on the dependent variable was approximately identical. Also presented are the results of a survey of small business owners in order to identify factors-constraints that impede innovation.


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