scholarly journals “Green” vector within the system of ensuring socioeconomic interests of macro- and micro-actors

2021 ◽  
pp. 53-68
Author(s):  
Liudmila Konstantinovna Samoilova
Keyword(s):  
Economic Activity ◽  
Public Law ◽  
Scientific Publications ◽  
Public And Private ◽  
Economic Agents ◽  
Environmental Initiatives ◽  
Private Interests ◽  
The Russian Federation ◽  
Characteristic Features ◽  
The Impact

This article is dedicated to examination of the “green” economy – the economic model with priorities similar to the goals of sustainable development; its postulates are of particular importance in the context of increasing negative anthropogenic impact upon the environment. The majority of scientific publications discuss the advantages of transitioning toward the “green” course, which are indisputable from the perspective of preservation and augmentation of natural potential of the territory; while the factors that impede the proliferation of eco-oriented behavior, consequences of implementation such transformations for macro- and micro-actors, and assessment of the existing eco-trends in public law entities do not receive due attention. Therefore, this article aims to determine the impact of “green” reforms upon the socioeconomic interests of macro- and micro-actors leaning on the results of analysis of the characteristic features of the process of greening of economic activity. In the course of research, the author establishes that the “green” vector of economic development entails not only positive changes for macro- and micro-actors, but negative as well, which discourages their eco-activity. At the same time, the assessment of environmental situation in the constituent entities of the Russian Federation indicates the low eco-involvement of economic agents, which requires immediate implementation of environmental initiatives, although considering other public and private interests.

ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”

2021 ◽  
Vol 11 (4) ◽  
pp. 282-298
Author(s):  
D.G. FILCHENKO ◽  
E.A. EVTUKHOVICH
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Dispute Settlement ◽  
Critical Assessment ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Dispute Settlement Procedure ◽  
Settlement Of Disputes ◽  
The Impact

The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are provided. Separately, the issue of the admissibility of the cancellation of the general claim procedure for the settlement of disputes by the agreement was considered. An independent subject of the authors’ analysis was mediation as a pre-trial dispute settlement procedure. The work also focuses on the impact of a different pre-trial dispute settlement procedure on the course of the limitation period. The article discusses the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the recommendations of the Plenum of the Supreme Court of the Russian Federation received critical assessment. The authors note the existing contradictions in the legislation and possible ways to overcome them, formulate individual conclusions as a result of studying the materials of the practice of arbitration courts.

Demarcation Between the Concepts of Tax Evasion, Tax Planning and Aggressive Tax Planning in the Russian and Foreign Practice

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
Tax Evasion ◽  
Information Exchange ◽  
Multinational Enterprises ◽  
Legal Framework ◽  
Tax Planning ◽  
Tax Revenue ◽  
Public And Private ◽  
Private Interests ◽  
Border Trade ◽  
The Russian Federation

One of the main consequences of globalization is development of cross-border trade of goods, work and services, emergence of multinational enterprises operating on the territory of two or more jurisdictions. Taxation of multinational enterprises is always controversial taking into consideration seeking of balance of public and private interests which involves taxpayer’s desire to decrease the amount of payable taxes and reverse governmental interest in obtainment of the full amount of the tax revenue. The article covers and differentiates the main models of taxpayer’s behavior aimed at reducing the amount of payable taxes: tax evasion, tax planning and aggressive tax planning, the harm caused by these activities to governmental budget revenues. The article deals with Russian and foreign legal framework and practice of each of the abovementioned legal phenomenon, highlighted the necessity of statutory recognition in the Russian Federation of the term “tax planning” and its principles to define its limits clearly. The article outlines different approaches to the term “aggressive tax planning” and the limits of this term, importance of cooperation among jurisdictions and information exchange to detect and give appropriate legislative and administrative responses for aggressive tax planning schemes.

Private or Public Law Enforcement? The Case of Digital Anti-Piracy Policies with Illegal Non-Monitored Behaviors

2016 ◽  
Vol 15 (4) ◽  
Author(s):  
Eric Darmon ◽  
Thomas Le Texier
Keyword(s):  
Large Scale ◽  
Conflicts Of Interest ◽  
Public Law ◽  
Social Planner ◽  
Private Enforcement ◽  
Digital Piracy ◽  
Public And Private ◽  
The Social ◽  
Public And Private Enforcement ◽  
The Impact

AbstractShould rights be publicly or privately enforced in the case of digital piracy? The emergence of large-scale anti-piracy laws and the existence of illegal non-monitored channels raise important issues for the design of anti-piracy policies. We study the impact of these demand-side policies in two enforcement settings (namely, public and private enforcement settings) with an outside adoption option for users of an illegal non-monitored channel. Our results show that public enforcement generates higher monitoring and lower price levels, and also higher legal welfare than private enforcement. However, we identify potential conflicts of interest between the legal seller and the social planner when the efficiency of the illegal non-monitored channel is low. Introducing supply-side policies, i.e. policies targeted to suppliers of illegal content, we find that they may have unexpected impacts and can damage legal welfare. We also identify situations in which the two policies are substitutes or complements.

scholarly journals Alternative factor analysis of the science intensity of the invested capital in the Baikal region

2018 ◽  
Vol 212 ◽  
pp. 08015
Author(s):  
Evgeny Filatov
Keyword(s):  
Factor Analysis ◽  
Russian Federation ◽  
Economic Activity ◽  
Baikal Region ◽  
Gross Regional Product ◽  
Scientific Center ◽  
The Russian Federation ◽  
Regional Product ◽  
The Impact ◽  
Science Intensity

Factor analysis is the basic tool when conducting a comprehensive analysis of economic activity. In the factor analysis, the major attention is given to the research of internal reasons that form the specificity of the phenomenon under study and identification of generalized factors standing behind relevant specific indicators. The article deals with the analysis of the science intensity of the invested capital in the Baikal region of the Russian Federation. Science intensity is an important parameter for determining the efficiency of the economic activity. The author introduced into scientific circulation the following indicators: the science intensity of the invested capital, the science intensity of the gross regional product and the investment return of the gross regional product. The paper reveals the influence of factors affecting the change in the science intensity of the invested capital in the Baikal region of the Russian Federation, and provides methodological approaches to its calculation. The article presents the author’s analytical and systematized statistical material for the analysis of the key indicators revealing the impact of the invested capital in the Baikal region of the Russian Federation on the change of the science intensity. The research has been carried out in the framework of the scientific project of the Irkutsk Scientific Center of the Siberian Branch of the Russian Academy of Sciences No. XI.174.1.4 “Activation of the internal development potential of regions of the resource specialization (on the example of the Baikal region)”.

Expansion of Public Law into the Sphere of Private Interests: Strengthening State Regulation as a New Management Paradigm

2020 ◽  
Vol 11 (2) ◽  
pp. 677
Author(s):  
Vladimir E. USANOV
Keyword(s):  
Russian Federation ◽  
Current Model ◽  
Public Law ◽  
State Regulation ◽  
Actual State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Private Interests ◽  
The Russian Federation ◽  
The Government

Relevance. The article is relevant since the recent events have revealed the illusory nature of democratic principles and the independence of private interests in the Russian Federation. The illusion of free choice and democratic procedures disappeared when public authorities declared a state of emergency or self-isolation regime (quarantine during the COVID-2019 pandemic) facing a force that exceeded the resources and capabilities of the government systems. Objective. The article aims at studying a new global model of expanding public law into the sphere of private interests due to strengthening the state regulation of public relations as a new management paradigm. The current model typical of many countries, in particular Russia, can be called a model of an actual emergency. The Russian Federation did not declare de jure state of emergency. Otherwise, public authorities would have to take on big obligations and be responsible for losses (damages, contract failures, suspended trading and production, downsizing, unemployment) of their citizens and businesses. Methods. The main research method was deduction used for studying the legal specifics of expanding public law into the sphere of private interests. The author of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of strengthening state regulation as a new management paradigm. Results. Analyzing the actual state of emergency experienced by most countries and considering the actions of the Russian authorities, the author claims that public law serves as the basis of public administration but invades the sphere of private interests. It begins to manage it in a state of emergency to preserve the existing state system and its integrity. As a result, private law ceases to be independent and must obey the rules of public law. At the same time, the democratic traditions and principles proclaimed in the Constitution and other laws, human rights and civil freedoms are instantly absorbed by public law and become a legal fiction for a certain time.

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

scholarly journals Cluster analysis of the impact of blockchain technologies upon the development of the sectors of national economy

2021 ◽  
pp. 15-28
Author(s):  
Marat Rashitovich Safiullin ◽  
Azat Rafikovich Sharapov ◽  
Leonid Alekseevich Elshin
Keyword(s):  
Cluster Analysis ◽  
Russian Federation ◽  
National Economy ◽  
Economic Activity ◽  
Business Models ◽  
Value Added ◽  
Economic Environment ◽  
Economic Sectors ◽  
The Russian Federation ◽  
The Impact

Prospects for the development of national economy in the context of integration of blockchain technologies into the system of economic processes testify necessitate elaboration of the methods and algorithms for formalized assessment of their impact upon the key parameters of socioeconomic dynamics. If within scientific-and-expert space, one may occasionally come across the works dedicated to separate aspects of this scientific methodological problem, the questions of the impact of blockchain technologies upon individual economic sectors are yet to be explored within the information-analytical and scientific space. The methods of empirical research of the impact of blockchain technologies upon the parameters of economic development currently did not find their consolidated solution, and are of fragmentary nature. This research is an attempt to strengthen the positions of formalized approaches towards examination of the articulated scientific and practical problem. The subject of this research is the economic relations of economic agents pertaining to implementation of blockchain technologies in the economic activity and formation of the new business models. The object is the types of economic activity of the national economy of the Russian Federation and their sensitivity to the diffusion of blockchain technologies. The article offers an algorithm for studying the dynamics of gross value added of the economic sectors of the Russian Federation through the prism of possible transformation of the key parameters of functionality of the financial and real sectors of the economy as a result of diffusion of blockchain technologies. Leaning on the advanced hypotheses, the author builds co-integration models for the indicated types of economic activity, which reveal the contribution of exogenous factors that are being adjusted under the pressure of infiltration of the distributed data storage technologies into the economic environment to the degree of incremental value added. This allows conducting cluster analysis of the economic sectors under review in accordance of their sensitivity to institutional changes caused by integration of the blockchain technologies into the economic environment.

UNEMPLOYMENT IN THE CONTEXT OF THE 2020 PANDEMIC

2021 ◽  
Vol 2 (5) ◽  
pp. 9-13
Author(s):  
V. V. TADTAEVA ◽  
◽  
B. E. BAGAEV ◽  
E. A. PASTUSHKOVA ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Unemployment Rate ◽  
Economic Activity ◽  
The Russian Federation ◽  
The Impact

The article examines the problems of unemployment during the CAVID-19 pandemic in 2020. The dis-tinctive characteristics and features of unemployment are highlighted; the impact of quarantine measures on citizens and their jobs is described. The article analyzes the unemployment rate by types of economic activity and subjects of the Russian Federation. The situation of citizens who have lost their jobs is revealed, and the dynamics of the unemployment rate for 2020 is considered. Measures to support those who are out of work due to the pandemic and the opinion of experts on this issue are given.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

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