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ECONOMICS. LAW. SOCIETY

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No 1 (2018)
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10-16 311
Abstract
The article is devoted to a rather acute issue currently facing practically all the Member States of the Council of Europe – the implementation of the decisions of the European Court of Human Rights. Analyzing the practice of the ECtHR in cases against the Russian Federation on the violation of article 1 of Protocol N 1 to the ECHR, the author comes to the conclusion that the Russian legislator, in most cases, embodies in the change of the legal positions of the ECtHR, which, in the opinion of the author, do not lose their relevance and topicality in relation to the current as well as future stages of development of the Russian legal order.

COMPARATIVE LAW

17-27 636
Abstract
The article analyzes the positions of scientists on the question of what does "abuse of law" really mean? Can it be regarded as an offense and does abuse of law always leads to legal liability? Is abuse of law the opposite of lawful behavior, what measures should be taken to reduce it? The author draws attention to various types of abuse of law, including rule-making and law enforcement processes. The work concludes that when we talk about abuse of law, we must proceed from an analysis of the exercise of rights limits. Abuse of the law is an offense that involves punitive (or) restorative measures, and in some cases the subject may lose certain guarantees. It is also noted that the abuse of law is an act of the subject in connection with the exercise of his subjective right, but beyond its limits.
28-35 345
Abstract
The article deals with the problematic issues of introducing the achievements of scientific and technical progress in the organizational and legal mechanism of justice, including in the jurisdiction of economic justice. The situation with legislative and regulatory regulation of this process is shown: the real introduction of digital technologies into arbitration proceedings, the positive aspects and the emerging effect in this matter. At the same time, there are shortcomings from such implementation, for example, the questioning of a defendant in a videoconferencing mode remote from a court does not correspond to the principle of immediacy in a criminal trial. The article also presents the shortcomings of the state of normative and legal regulation of relations in the sphere of the economy, which hinder the digitization of economic justice. The assumptions about the need for a "narrow" specialization of the justice mechanism, corresponding to the appearance of new types and categories of offenses using digital technologies in the economy, are justified.
The methodology of this survey is based on the dialectical method of cognition of social phenomena. The main methods include а method of system analysis, a functional method, synthesis and analogy. The special methods include a formal legal method, a method of theoretical modeling, a system method, a comparative legal method.
The scientific novelty of the study is due to the stereoscopic approach of the author to the positive and negative aspects of the digitalization of the mechanism of justice, primarily its arbitration-procedural component. The colossal volume of information of some recent cases, which exceeds the judge’s brain ability to comprehend it, necessitates the wide introduction of electronic technologies in the legal proceedings. But there are not only technical, but also legal and moral obstacles on this way.
36-41 280
Abstract
The digital economy has affected both production and social spheres, including education. The article analyzes its importance for the development of society, including those tasks set by the country's leadership before the educational institutions of Russia. The author gives an interpretation of those new concepts that have already entered into the lexicon of normative acts that regulate the issues of the digital economy and are widely used in pedagogical practice. It is also noted that Russia already has an official platform of domestic online courses, created on the initiative of the Ministry of Education and Science of Russia and the leading universities of the country, which include university courses in a wide variety of areas and specializations. It is concluded that the transition to digital education in the 21st century is the introduction of new information and educational technologies, the use of progressive forms of the organization of the educational process and active methods of teaching, as well as educational and methodological materials corresponding to the modern world level.
42-47 668
Abstract
The article analyzes the content of the concept of "electronic justice" in the Russian Federation and the Republic of Kazakhstan. The author analyzes similar legal elements of electronic justice in both countries. Signs and distinctive features of this legal phenomenon are revealed. In article the author comes to a conclusion that it is necessary to understand electronic justice, its relation with the term "Informatization of vessels". The author considers e-justice from the point of view of increasing the efficiency and transparency of administration. The author investigates both the norms of the current procedural legislation and by – laws-orders of the judicial Department under the Supreme court of the Russian Federation, and the Department for ensuring the activities of courts under the Supreme Court of the Republic of Kazakhstan. The author comes to the conclusion that e-justice cannot go in isolation from the state and progress of the introduction of interaction in electronic form in society and in the state as a whole, because e-justice is an integral part of a more global phenomenon e-state.

CIVIL LAW AND PROCEDURE

48-54 790
Abstract
Federal Law N 315-FZ dated 03.07.2016 "On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" included a parking space and the legal regime as of January 1, 2017. This article gives an overview of the various legal positions regarding the legal regime of Parking Space as real estate objects, as part of non-residential premises, which is subject to the right of common share ownership, taking into account the novels of Russian legislation, foreign legislation, legal regulation and law enforcement practices, solutions. The author notes that the experience of foreign legislation can be used to define the legal regime of parking space as a special objects of real estate, because not all jurisdictions refer to it as such and do not distinguish it as an object of law. Particular attention is paid to the problem of tax on parking spaces in connection with changes in the taxation of real estate, as well as the definition of a car place in civil and tax legislation.
55-62 520
Abstract
The article is devoted to the problem of the correlation of delusion, error and deception concepts as conditions for the ineffectiveness of transactions. The author gives a review of theoretical approaches to distinguishing between delusion, error and deception. The analysis of the latest changes in civil legislation regarding the possibility of disputing transactions is made, under the influence of a significant delusion. Delusions that were recognized as significant in the old version of the Civil Code of the Russian Federation are now supplemented by such delusions as delusion in the person and delusion in the decisive circumstance that is mentioned by the party in the process of making a will or obvious to the other party. An unconditional novel was the recognition of the materiality of reservations, misprints, typos and other cases of incorrect transmission of information. In conclusion, it is noted that deception can be regarded as a conscious act leading to delusion or error, however, in order for the transaction to be invalidated, it is necessary that the delusion or error will be significant.

INTERNATIONAL LAW

63-68 254
Abstract
The article examines some aspects of the definition of "foreign investment" and its role in international investment law. The theoretical scientific developments and provisions of universal international conventions, treaties and national legislative acts on foreign investments are analyzed. The arbitration practice of resolving international investment disputes is considered as a basis. The emphasis is on creating a favorable climate for foreign investors by the host country. The importance of a significant contribution to the development of the state economy for recognizing the project as a foreign investment is underlined. It is concluded that ICSID arbitration decisions have laid a reliable legal foundation for the development of generally accepted criteria (standards) for assessing investment relations based on the definition of "foreign investment" and the existence of a significant contribution to the economy of the state, should be considered a key criterion. It is noted that further improvement of the legal support for foreign investments should be carried out taking into account the standards for the evaluation of investment projects.
69-75 321
Abstract
The article details the measures for the development of internal control in organizations subordinate to local government and self-government bodies. It is noted that it is necessary to encourage the development and adoption in the organizations the measures for internal control, compliance with ethical standards to prevent abuse of office. It also speaks of the creation by labor collectives of supervisory bodies independent of management, whose members should be given additional labor guarantees, to ensure the maximum possible publicity of decision-making in the sphere of privatization, allocation of land and housing. Much attention is paid to the consideration of effective means of influence on persons who have committed mercenary property crimes, which could strengthen the economic security of the state, as well as reduce the number of such crimes, and help strengthen the rule of law and order. It is concluded that it is necessary to publish information on the privatization of property complexes, their new owners and on the allocation of land to specific persons.
76-84 324
Abstract
The author defines approaches to solving problematic issues related to the need for judicial, self-defense, without advocacy, on social indicators by citizens of the United States of America, which in most cases predetermines the deliberate loss of such persons in the judicial process. This is due to the legislative complexities and heterogeneity of the procedural rules for resolving disputes in different US states, the lack of the necessary skills and experience of the defendants to participate independently in trials. The author cites the segmented data of so-called "maps of legal deserts", which testify to the availability of specialists in the field of legal proceedings that facilitate the provision of proper legal assistance. Also, comparative features of the legal provision of court cases involving animals based on a comparison of legal approaches developed in the Middle Ages in a number of European countries and in the USA are also being investigated. The author defines the main possible areas of harmonization of the norms of the national legislation of the Russian Federation and the laws of individual states of the United States on procedural matters in this area, within the framework of international private law.
85-91 460
Abstract
New mechanisms of budget expenditures, which include program-target method, require improving the legal framework. One of the main problems of budget spending remains low efficiency of use of public financial resources, lack of legal responsibility for the inefficient use of budget funds. It is noted that in the current conditions of slowing the growth of budget revenues and raising the requirements for the effectiveness of public authorities, it is necessary to modernize the management of public finances. It is also said that the distribution of budget appropriations for state programs is provided by changes in the legal regulation of the budget process, including the redistribution of powers in the sphere of budgetary relations between legislative and executive bodies. The article analyzes the amendments made to the RF Budget Code on the transfer of some of the powers of the legislative power in favor of the executive and on the substantial reduction in the participation of the Federal Assembly in the budget process.
92-100 228
Abstract
In present article, the author analyzes the Russian legislation which regulates the ways of satisfying state and municipal needs within the territories of advanced social and economic development. In addition, the author of this article examines some of the approaches, which are adopted in the legal science, in the choice of methods and procedures for satisfying state and municipal needs in the areas of advanced social and economic development. The article also considers such peculiarities of legal regulation of the territories of advanced social and economic development as the subjects that, not being the state authorities, but they are carrying out public functions. This article analyzes the ways and possibilities of satisfying the needs of these entities. The author also conducts a brief analysis of the historical development of the legal regulation of various types of the territories with a special business regime that took place in legislation of the Russian Federation before the law on territories for outpacing socioeconomic development was passed.

PLEKHANOV SCHOOL OF YOUNG SCIENTISTS

101-105 344
Abstract
The problem of the lack of a mechanism for the legal regulation of cross-border bankruptcies within the BRICS is discussed in the article. Statistical data are presented showing the dynamics of expanding cooperation and the growth of international trade between the BRICS countries, and, consequently, the need to adopt a number of agreements regulating economic relations between states, including cooperation mechanisms in cross-border bankruptcies. In the article the methods of implementation of cross-border bankruptcies are described and the expediency of using the modified universalism method within the BRICS is justified. Proposals are made for the adoption and ratification of a number of agreements regulating the rules for determining the place of initiation of bankruptcy proceedings and conducting the main proceedings, the powers of both the main judicial body and the secondary ones, and the establishment of the basis for interaction between the courts.
106-109 409
Abstract
The main basic agreements of Association of the Nations of Southeast Asia are considered in this article. The main lines of documents, their signs and value are defined. Besides, the analysis of value of the main agreements of ASEAN for development of economy of the countries - participants is given. The structure of agreements on creation of free trade areas is revealed, distinctive features of documents are given. The value of agreements for creation of further interaction within investment activity of the states is shown. It is noted that ASEAN, being an international organization, aims to organize the cooperation of the participating countries in the economic, political and cultural spheres. It is also said that currently ASEAN is one of the world's associations, the volume of investments, which are the fastest growing and foreign companies coming to the ASEAN markets, have their own production bases here. Operating within the framework of the basic agreements, ASEAN countries were able to take advantage of their strategically advantageous position, as well as rich natural resources and become an important center of investment activity.
110-116 352
Abstract

From 1 October 2015 there is the possibility of bankruptcy of citizens. Such provisions are included in bankruptcy Law is Federal law 26.06.2015 N 154-FZ. The Plenum of VS of the Russian Federation in the Resolution from 13.10.2015 N 45 explained how to use them. The provisions on the bankruptcy of individuals apply to individual entrepreneurs, but given the number of features. For example, the bankrupt businessman may not for five years to do business, and its property sold as the property of a legal entity. It should be recalled that the concept of bankruptcy is defined in article 2 of the Federal law "On bankruptcy (insolvency)" as recognized by the arbitral Tribunal debtor's inability to fully satisfy the claims of creditors on monetary obligations, termination benefits and (or) about payment of labor of persons employed or working under an employment contract, and (or) to fulfill the obligation on payment of obligatory payments. To try to bankrupt a citizen can bankruptcy creditors and authorised bodies (e.g. the NRF), as well as himself. To competitive creditors are creditors of most financial obligations, not only organizations, but also citizens, including individual entrepreneurs. In some cases the citizen himself can not, but must bankrupt. Some debtors bankruptcy will help get rid of debt, and creditors to return the money through the sale of property of the citizen. However, creditors may face several difficulties: 1) appearance time and cost; 2) the lack and insufficiency of the property of a citizen to pay all the debts; 3) exemption of citizens from debt in case of a recognition its bankrupt.
But bankruptcy can also bring the benefit of creditors: 1) costs of debt are reduced; 2) the Bank may declare the debt uncollectible, if the citizen is declared bankrupt; 3) the bankruptcy of a citizen gives you the chance to regain at least part of the money.
The law on bankruptcy of individuals was discussed for a long period of time and caused a lot of controversy. In 2008, Russians took out loans to buy a wide variety of things. The global financial crisis has made debt obligations on loans difficult for most Russians. On the one hand, the new law will allow people who find themselves in a difficult life situation to cope with large debts, on the other - this may lead to financial unavailability and large losses for creditors.

117-122 482
Abstract
In this article the power of attorney is investigated. In particular, the types of power of attorney, its content and requisites are determined, the features of issuing and termination of powers of attorney are considered, taking into account changes in legislation and positions of scientists engaged in the study of civil law and the institution of power of attorney in the Russian Federation. The analysis of articles of the Civil Code of the Russian Federation concerning the institution of the power of attorney is carried out. The possibility of issuing a power of attorney to several persons, the termination of the power of attorney, the duration of the power of attorney are analyzed in detail. When writing the article, the following theoretical methods were used: logical, system-structural, as well as analysis of the regulatory framework and synthesis. The study of the institution of power of attorney as a kind of voluntary representation made it possible to determine its main features, to note the development and transformation trends in the course of the reform, and to explain the significance of this legal instrument. The relevance of this research topic is due to the use of power of attorney in various spheres of public life, an increase in the frequency of its use.
123-128 306
Abstract
Taxation is the main source of state revenues necessary for the realization of socially significant goals within the whole state. The question of the introduction into the tax system of Russia of a luxury tax remains controversial for the last several years. The world practice shows that many states apply such tax as a way of replenishing the budget, and as a means of social justice, establishing direct dependence of the amount of tax on the amount of a person's income. However, there is no single approach in this issue: the states approach the problem differently, depending on the result desirable for the economy and the system of taxation of the state. In the Russian Federation, such an approach has not been worked out at the moment, since it is not possible to reach consensus on several issues: 1) The structural issue – a suitable tax model has not been found, its legal tax structure, the tax base, subject and object of taxation are unclear; 2) The economic issue – there is no economic feasibility of introducing a tax – will this measure lead to improvement of the country's economic situation? 3) The question of social (moral and ethical) – the balance between the interests of people with different levels of income is not found: how appropriate is the decision to put the tax in dependence on the amount of income? Will this be fair in relation to people who have earned their capital with their labor?
129-135 322
Abstract
The article considers the land-legal regime of the territories of advanced social and economic development in the Far East. The Federal Law "On the Territories of Advanced Social and Economic Development in the Russian Federation" was adopted in 2014 and has served as a legal basis for creating a favorable investment climate and economic development of the region. Comfortable taxation conditions and the other exemptions for newly created projects should attract investors to the Far East. The article puts emphasis on the principles of location of infrastructure facilities for creation and development of production in these territories. In accordance with the analysis of several legislative acts regulating this issue, today there are some gaps in the legal regulation of relations arising in the process of land using in the areas of advanced social and economic development.


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ISSN 2411-118X (Print)