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ECONOMICS. LAW. SOCIETY

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No 4 (2019)
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7-14 438
Abstract

The model and elements of the legal status of the stock corporation`s sole executive body are the subject of investigation. The available legal status models provided by the science do not reflect the specifics of the legal status of the sole executive body of a joint stock company. The authors develop a model of the legal status that includes the acquisition and termination of the status, the rights and obligations expressed through the concepts of «competence» and «authority», as well as the responsibility of the sole executive body. The originality of research consists in development of more perfect model of the legal status. The central elements of the status are competency and authority. These categories are selected due to the higher degree of imperativeness of corporate law and its focus on management, as well as the inability to separate the rights and responsibilities in the activity of the sole executive body. Competence characterizes the range of issues on which the sole executive body makes decisions, while authority is what it has the right to undertake to resolve them (issue orders, conclude transactions, etc.). Separately, the article considers the issue of the sole executive body’s legal personality. The authors believe that bodies can be recognized as personable – at least in internal relations. Both general scientific (analysis, synthesis, modeling) and legal scientific (comparative, dogmatic) methods are used in the research.

15-22 411
Abstract

This article is dedicated to legal questions of state regulation of the recycling and utilization of the associated petroleum gas during the mining. According to the author extracting associated petroleum gas and of dry stripped gas is to be regulated by the legislation on gas supply. This article stipulates 3 questions: 1) can the terms, which are «binding» under the art.12 of the Russian Subsoil Law, be qualified as «substantial« terms under the art. 20 (2) (2) of the same Law, 2) whether the breach of the associated petroleum gas output stipulated by mining permit (license) forms the breach of the «substantial» term of the mining license, which leads to its termination (suspension or limitation); 3) can the «substantial» terms of mining license be identified with substantial terms of private law contract under the art. 432 (1) (2) of the Russian Civil Code or at least to be seen as its analogue. Notwithstanding the fact that the extraction of the stripping of the associated petroleum gas as well as of stripped dry gas is de facto a kind of recycling, it cannot be qualified as recycling under the art. 220 of the Russian Civil Code.

23-35 301
Abstract

The paper examines the main features of the order and rules of conclusion, execution and termination of contracts for the provision of educational services concluded by educational organizations with students (learners) or their legal representatives, as well as the concept, content and legal nature of this type of civil contracts. The subject of the study is the relationship arising between the parties to contracts for the provision of educational services. The article analyzes the problematic issues of civil and legal security of learners in the process of implementation of contracts for the provision of educational services; features of the emergence of tort liability of an educational organization in respect of learners (legal representatives); coordination of measures to protect learners and ensure their safety, etc. In the course of the study, the following main conclusions were made that, first, the text of the agreement on education should provide the following basic rules for the safety of students, noting that both the educational organization and the student (his parents, legal representative) participate in the implementation of the state policy of the Russian Federation in the field of security and, secondly, in the process of implementing this state policy, the parties to the agreement undertake to fulfill the requirements for security in General and, including when carrying out fire-fighting, anti-terrorist, anti-extremist, anti-criminal, spiritually-morally-safe, information-safe, environmental, including medico-biological, safe food and nutritional, radiation-safe, toxic-pharmacologically safe (including prevention of the use of psychologically-active substances), psychological-pedagogical (including ideological stability), sanitary-epidemiological, energy-safe, electric-safe and other measures.

36-42 370
Abstract

The legal nature of the emergence and fulfillment of expenditure obligations of public law entities in the Russian Federation is a debatable issue in legal science. Expenditure obligations of public law entities are correlated with obligations in civil law. Civil obligations are a terminological and, to some extent, substantive basis of expenditure obligations. It is established that the nature of expenditure obligations is determined by a public goal in view of the fact that budget expenditures are generally valid, that is, they aim to meeting public interests and needs, which isn’t the case in civil law obligations. The subject of expenditure obligations is cash (funds), which significantly distinguishes such obligations from private law, which are subject to other legal principles and have a different legal nature.

43-59 367
Abstract

The article highlights the results of a study of the final stages of the Federal budget process – consideration and approval of the report of the Government of the Russian Federation in the State Duma of the Federal Assembly of the Russian Federation on implementing the Federal budget for the fiscal year and only partly relates to previous stages of preparation of budget reporting and external audit. The article continues the discussion on the topic of ergonomics of the Federal budget process, from considering adoption of the Federal law on the Federal budget for the next financial year and planning period. The content and procedural aspects of budget reporting are considered. In the substantive part of the work in the current state of budget reporting at the Federal level, the authors fix the contradiction between the practice of «accounting approach» to reporting and the policy of «result-oriented budgeting. It is stated that the modern Federal budget reporting continues to be characterized by the dominance of the «accounting approach» despite the transition in budget planning from budget expenditure management to results management. Concerning works devoted to the procedural aspects of budget reporting, they shows a contradiction between the massive amount of content (comparable to volumes according to the draft Federal budget for next year and planning period) that are going to be comprehension in preparation for acceptance/rejection, and void as a result of the adoption and the rejection of the draft Federal law on Federal budget execution during the reporting year. Subject to assigning different functions of the Parliament between the conformity assessment of budget expenditures budget appointments and political assessment of the Government's use of public Finance during the reporting period, discusses the relevance of the implementation of fiscal policy aimed at «budgeting, oriented on results» not only in the stage of formation and execution of the Federal budget, but also on the stage of the budget statements. On this basis, proposals are formulated to improve the effectiveness of the budget reporting process.

60-65 458
Abstract

In modern conditions, the rule of law in the financial and budgetary sphere of the state is one of the main principles of its existence, since the state of state budgetary funds has a major impact on the stability of the state and society. Abuses of officials of organizations – budget recipients in the process of budget execution not only cause economic damage to the state and society, but also affect the formation of negative public attitudes towards government bodies. An analysis of the practice of the audit bodies, as well as the preliminary investigation bodies shows that one of the most common violations in the budget sphere is the misuse of budget funds, for the commission of which criminal liability is provided for by law. A specific mechanism for the commission of this crime necessitates the use of special economic knowledge, in particular in the form of forensic research, in order to identify, investigate and prevent it. The article examines the problematic issues of forensic study in criminal cases related to the misappropriation of state funds. Taking into account the theoretical provisions and practical experience in this area, a methodology for expert research appointed in criminal cases instituted under the Art. 285.1 of the Criminal Code of the Russian Federation.

66-71 1694
Abstract

This article is devoted to the legal regulation of digital financial assets in Russia. The authors consider the problems of cryptocurrency legalization in the Russian market. The research article formulates the definition of digital rights, also explores the introduction of the concept of «digital law» in the Civil Code of the Russian Federation. The analysis of the concepts «digital transaction», «digital recording», «register of digital transactions» cryptocurrency», «token», «asset», «digital signs», «digital securities», as well as hash code is given. The components of a «digital asset» are revealed, its concept, essence and a form it is presented are defined. The authors investigated and analyzed the possible risks of legalizing cryptocurrency in Russia. The main provisions of the draft federal law «On Digital Financial Assets» currently being developed are reviewed and analyzed. Also, the authors briefly outlined the prospects and development paths of digital assets. In conclusion of the article, the authors formulated conclusions about the prospects, legalization and full implementation of cryptocurrency in the Russian economy. Both positive and negative sides of the legalization of cryptocurrency in Russia are indicated.

COMBATING CORRUPTION

72-79 914
Abstract

The article analyzes such a complex phenomenon as corruption in the USSR, highlights the main legislative acts aimed at combating corruption during the Soviet era. The analysis of features of legal responsibility for corruption crimes during the Soviet power on the basis of examples of law enforcement practice, and also judicial decisions of that period is carried out. Corruption in Soviet Russia was a rather acute problem, which the Soviet authorities throughout the existence of the USSR tried to solve. Combating corruption crimes by the state was very difficult for the state authorities due to the high latency of such crimes. Analyzing the legislative framework, we come to the conclusion that throughout the Soviet era, the Government developed and adopted normative-legal acts aimed at regulating and reducing corruption in the USSR, combating abuse of power during the Soviet Union. As history and modern reality show, despite the abundance of various decrees, decrees and other legal acts adopted since ancient times, the effect of them was insignificant. To get rid of such phenomenon it was not possible to governors neither in antiquity, nor in Soviet time.

COMPARATIVE LAW

80-86 349
Abstract

The article focuses on the Canadian Law Economic Dispute Review System. This system does not allocate a separate element, the economic dispute resolution subsystem. Canadian courts at all levels resolve disputes of this kind. The Canadian court system is directly dependent on Canada 's administrative-territorial system – the courts are divided into provincial and territorial courts. Since the primary burden of dealing with economic disputes rests with provincial courts and the Tax Court of Canada, the subject matter of the study is limited to those courts.

87-92 2079
Abstract

The article analyzes the American model of judicial constitutional control. The European model, as we know, is characterized by the creation and operation of a specialized body-the constitutional Court, the constitutional Tribunal, the constitutional Council. The American model of control over the constitutionality of normative legal acts was formed much earlier than the European one. Its difference is that ordinary courts address the issue of the constitutionality of a normative legal act in the context of the judicial dispute under consideration. That is, for them, the question of constitutionality is only one of the functions accompanying the legal consideration of the dispute. It is noted that the positive, which clearly outweighs, and negative in the organization of judicial constitutional control in this model.

93-98 290
Abstract

This article is devoted to the elements of the judicial system of Mexico whose task is a special consideration of disputes arising in the field of economic activity. Despite the lack of a system of state arbitration courts similar to the Russian, judicial system of Mexico, however, is characterized by a high degree of differentiation of disputes as to the procedural law of Mexico is known the so-called judicial decisions in the field of business, and the Mexican judicial system law – judges and magistrates authorized to consider disputes of this kind.

99-106 554
Abstract

«Rule of law» is not just a popular phrase. Its roots go back to antiquity, which can be confirmed by the works of Plato. In a later period, its successor was the English political thinker, philosopher John Locke (1632–1704). In the XIX–XX centuries, the English lawyer Dicey Albert Vann (1835–1922) successfully dealt with this problem. Despite the fact that the concept of the rule of law is recognized as the basis of the state system and is enshrined in a number of constitutions of the former socialist countries of Central and Eastern Europe, as well as in other countries, the so-called «old democracies», the legal provisions related to this legal category are very general in nature and do not give an unambiguous idea about it. The authors set the task of highlighting those key features that reveal the content of the term «rule of law» and, using the most common method in the scientific literature – describing characteristics (both formal and substantial), give them interpretations and, on this basis, formulate a general concept of the rule of law principle.

107-113 269
Abstract

The article discusses the relationship between the legal categories of «demanding housing from someone else’s illegal possession», «transfer of property into state ownership by inheritance under the law», «European justice». The problem of the possible loss by the state of the right of ownership to escheat property is considered. The research methodology is based on determining the causes of this problem – the low level of interaction between state bodies, the problem of officials' responsibility for improper performance of official duties, long delays in registering the Moscow city title to residential premises related to escheated property. The decisions of the European Court of Human Rights on the complaints of Russian citizens are analyzed, in respect of which decisions were made to evict the premises, in cases where the premises were unlawfully dropped out of the city’s property. Scientific novelty is determined by the conclusions reached by the authors of the study, as well as by proposals made on possible ways to resolve the problems identified.

114-120 247
Abstract

European Union is everywhere faced with problems that arise in the financial sphere. One of the main causes of the problems is corruption in the financial system of the European Union. This article will address the issue of combating the corruption phenomenon, as the most important for the modern development of the entire integration association. At the present stage of the EU’s development, corruption and related organized crime have ceased to be a local problem of the internal policies of individual states and have turned into an international phenomenon, which in the modern world poses a serious danger to the economic well-being of all member states of the association. Transnational corruption creates favorable conditions for the spread of criminal activity that violates the common economic space. The purpose of counteraction both at the international level and at the national level is to reduce the spread to a level that does not impede the progressive development of society. This article focuses on the EU information mechanisms to combat economic crime, namely the features and importance of the EU anti-fraud information system, the European Customs Identification Database and the Customs Information System, and also conducts an international legal analysis of the functioning of the central Anti-Fraud services Co-Ordination Service (AFCOS) of EU Member States.

PLEKHANOV SCHOOL OF YOUNG SCIENTISTS

121-130 960
Abstract

The article is devoted to the peculiarities of the migration processes of the Russian Federation in the global world. The trends of globalization of migration in the world are analyzed. Features of the regulation of migration processes in the context of globalization in the world and in the Russian Federation. The main indicators of the migration processes of the Russian Federation are considered. The structure and dynamics of international migration of the Russian Federation with the CIS countries and other, most important partners of the Russian Federation in migration issues are considered. The dynamics of indicators on the closure of entry into the Russian Federation, administrative offenses, fines and deported foreign citizens, the number of issued Russian passports, invitations, entry visas to Russia and issued work permits and patents for work were analyzed. The contribution of Russia to the development of migration processes is considered primarily from the point of view of labor migration. Based on the results of the analysis, it was concluded that Russia is an active participant in international labor migration, speaking both as an importer of labor resources and as an exporter. Also identified problems caused by illegal migration: tax violations, non-compliance with labor laws, discrimination, exploitation, slave trade, prostitution, smuggling, drug trafficking, organized crime and many others.



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ISSN 2411-118X (Print)