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ECONOMICS. LAW. SOCIETY

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No 4 (2018)
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CIVIL LAW

6-11 383
Abstract
This article dwells on the study of the development of Russian regions, taking into account the prospects for changes in civil legislation on the means of individualization of goods. The article discusses the features of the institute of geographical indications, its fixation in international treaties. The authors give a critical analysis of the proposals of the draft federal law No. 509994-7 “On Amendments to Part Four of the Civil Code of the Russian Federation”, adopted by the State Duma in the first reading, and provide a comparative analysis of geographical indications and appellations of origin. New legal norms of private legal regulation on geographical indications are considered in the article in relation to the rules of public law governing the production of alcoholic beverages, in particular, the provisions of the Federal Law of November 22, 1995 N 171-FZ “On State Regulation of the Production and Circulation of Ethyl Alcohol, Alcohol and Alcohol-Containing Products and the Restriction of Consumption (Drinking) of Alcohol Products ", which also contain references to geographical indications and appellations of origin.
12-18 243
Abstract
The article presents the results of a scientific study of social relations arising in the field of civil liability. It is concluded that the definition of civil liability is not fixed in the Russian legislation. To overcome this legislative gap, the author proposes to provide a special article in the chapter 25 of the Civil Code of the Russian Federation. The article notes that measures of civil law enforcement are implemented exclusively as protective legal relations and are applicable in the event that the offender voluntarily refused to compensate the injured person for the harm caused. Also, the author notes that the basis of civil liability are the relevant principles that constitute the fundamental principles. The methodological basis of the study is the system of various general scientific and particular scientific methods of cognition of the questions under consideration; various methods of cognition were used, including the method of system-structural, formal-legal, comparative legal and complex analysis, logical interpretation of legal terms and phenomena, and others.
19-24 698
Abstract
This article deals with legislative acts establishing the list of circumstances where the carrier is only responsible if the shipper or the consignee proves that the loss or damage to the cargo occurred through the fault of the carrier. Much attention is paid to the analysis of the norms of the current Russian legislation, which allows us to single out a number of circumstances in which the carrier is responsible for loss or damage to the cargo only if the consignee proves his guilt. The paper notes that the majority of disputes in the field of maritime transport arise from loss or damage to cargo. Also, in order to compensate for damages to participants in a particular maritime transport relationship, it is necessary to proceed from the terms of the contract, as well as be guided by the legislation on the obligations of the carrier, forwarder, shipper and consignee. The author comes to the conclusion that the carrier’s liability in transport laws arises if he is guilty and is excluded if the cargo has not been preserved due to circumstances for which the carrier is not responsible.
25-29 350
Abstract
The transition from industrial to information (post-industrial) society as never before has increased the role of information, and therefore at the legislative level was enshrined the right to information and the right to freedom of speech. At the same time, one of the main and socially important is information about the person in society, its qualities, properties, characteristics. Such a person, in particular, is a legal entity. In accordance with the Constitution of the Russian Federation, human and civil rights and freedoms are recognized as the highest value of our state. The protection of tangible and intangible benefits is guaranteed to all natural and legal persons. The business reputation of participants in commercial activities, which is regarded as an economically important factor, is the most important benefit, which requires a guarantee of adequate legal protection by the state. Ensuring the most fair, rapid and effective restoration of the violated right, compensation for damage caused by the violation, are the most important tasks of the rule of law, so that the solution of these problems is possible only with the help of an effective legal mechanism to protect the rights of participants in economic activity, including intangible benefits, which include business reputation.
30-36 242
Abstract

Currently, the procurement sector is going through another stage of reform. The Federal law of 05.04.2013 No. 44-FZ «On the contract system in the procurement of goods, works and services for state and municipal needs» is quite often amended. This act was finalized in 2018 by the Federal law of 31.12.2017 No. 504-FZ «On amendments to the Federal law No. 44-FZ» and the Federal law of 31.12.2017 No. 505-FZ «On amendments to certain legislative acts of the Russian Federation. The. innovations relate mainly to electronic procedures. This reform is connected with the electronization of the contract system (with the transition to electronic procurement procedures). Public procurement constitutes the main part of public spending and is the main factor for sustainable economic development. Part of the amendments came into force on July 1, 2018, the second part of the changes for the participants of public procurement came into force on October 1, 2018, and the third part is planned to be implemented on January 1, 2019. In connection with this, the procurement participants are increasing the number of questions about how the system will work. The main direction chosen in the framework of large-scale amendments to the law “On the contract system” is the electronicization of procurement procedures under the 44-FZ.

37-40 1036
Abstract
This article deals with the problem of risks to the person’s private sphere arising in connection with the formation of the so-called “big data cloud” (big data). It records various data about a person that can be analyzed by various subjects of social relations. The article deals with such a thing as “digital footprint”, which implies the information that individuals leave on Internet servers or other devices that accumulate digital information. The author also analyzes the concept of “informational portrait” of a person associated with the accumulation of diverse information in automated information resources of public authorities and organizations. The author concludes that in the future it will be possible to track in detail the movements of a person, his purchases, his contacts with other people with the exact identification of their personalities, the receipt of money and their spending. Based on this, it will be possible to form his psychological portrait and to predict his intentions.
41-48 723
Abstract
This article is devoted to the study of the possibilities of replacing national currencies and the formation of a universal means of payment based on cryptocurrencies, which reduces the degree of negative influence of states on the economic sphere. The sociological method of law research makes it possible to reasonably claim that at present cryptocurrencies perform all the functions inherent in money in an economic sense, and possess attributes that are inherent in a legal means of settlement capable of transferring payment power. It is substantiated that cryptocurrencies cannot be recognized as monetary surrogates, as they are capable of expressing the indirect value of objects and possess means to ensure value. It is argued that the legal regime of cryptocurrency cannot be based on the rules of ownership. In order to effectively regulate relations connected with cryptocurrency turnover, it is necessary to develop a unique legal regime similar to the legal means of payment, but taking into account the objective properties of the new type of objects based on the economic category “private money”.

INTERNATIONAL LAW

49-58 323
Abstract
This article discusses in detail the Financial Stability Board (FSB), established in April 2009 that is the successor to the Financial Stability Forum. The new organization acts in the financial system as a permanent secretariat for financial regulation issues, coordinating the work of standard-setting bodies and organizations. Today, the FSB is recognized as a new institution to ensure global financial stability of the 21st century. The paper notes that inconsistent implementation of the developed principles and defiance of the implementation of recommendations at the national level always lead to the formation of gaps in the financial system of the world. In this case, the system is faced with the influence of suddenly arising negative factors on it, which were previously impossible to predict. It is concluded that the adoption of FSB standards, their consistent, full and timely implementation, as well as confidence in the fulfillment of their obligations depend not only on the state of the national financial systems, but also on the creation of a stable international financial system.

TAX LAW

59-68 670
Abstract
The subject of the research are definitions of "security" in general and particularly "fiscal security" existed in the scientific literature, in order to formulate a definition of this concept suitable for legal research. The author systematizes the definitions of security as a universal category available in philosophical and specific literature. The article also analyzes the definitions of national security as a generic category in relation to the national fiscal security presented in the legislation, as well as in the legal and political literature. The research methodology includes both general scientific methods (analysis, synthesis, induction, deduction, description) and particular scientific methods (formal legal method, hermeneutics methodology in the interpretation of legal acts). National fiscal security, being the subject of economic research, has not been studied by legal science in detail. The article emphasizes that the understanding of security as a certain level of development of social relations (the result of the activities of their participants) better emphasizes its inextricable relationship with the law. The author comes to the conclusion that security has two aspects, on the one hand, being the purpose of legal regulation, and being its methodological basis, on the other. The characteristics of national security are also highlighted and its definition is formulated. The author analyzes the definitions of national fiscal security presented in the economic literature, summarizes the key features contained in them and concludes that these features are not sufficiently clear and specific in the formal legal context, and therefore do not allow distinguishing fiscal security from related phenomena. The author proposes essential signs of the national fiscal security and formulates its unique definition on the basis of the research of the definitions of the national fiscal security contained in the legal literature, taking into account the proposed approach to the security substrate and the selected signs of national security.
69-75 1210
Abstract
The article discusses the issues of countering the legalization of criminal proceeds and illegal transfer of banking assets abroad, which is especially important in the period of the economic crisis in Russia. Placement of criminal proceeds in the legal economy serves as a serious violation of the development of civilized market relations, contributes to the criminalization of all sectors of the economy, increased influence of organized crime, the phased transformation of their criminal business into legal activity. The main criminal methods (schemes) for withdrawing bank assets abroad and giving them a legal form for possession, use and disposal are revealed. The practice of investigating criminal cases of this category, as well as examples of alleged violations of the law, are given. The main laws aimed at combating the legalization of proceeds from crime and the financing of terrorism have been analyzed. The main laws aimed at combating the legalization of proceeds from crime and the financing of terrorism have been analyzed. Prospects of combating the legalization of criminal proceeds and illegal transfer of banking assets abroad are considered. The most significant directions of effective struggle against crimes of this kind are determined. The conclusions based on the analysis of the current legislation are made.
76-80 457
Abstract
This article deals with the problem of the spread of corruption in all spheres of public life. Unfortunately, in our country such antisocial phenomenon as corruption becomes ordinary, which is inadmissible in the conditions of building a legal and democratic state. The author draws attention to the importance of educating young people in the framework of non-acceptance of corruption in all its manifestations, since it is the young generation that is the future of our country. When considering the severity of the problem and finding ways to overcome it, the author used such research methods as analysis, synthesis, functional and systemic approaches. In the author's opinion, an important factor in the fight against corruption is the education of young people with an active civil position, the condemnation of this unlawful behavior by both officials and ordinary citizens. The author comes to the conclusion that now it is especially important to inculcate anti-corruption legal consciousness among young people, pay special attention to legal culture in all educational institutions, make a greater bias toward anti-corruption education, which should begin in secondary school and continue in higher educational institutions. Only then we can achieve the goal of growing a generation with anti-corruption consciousness.

ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС

81-86 496
Abstract
Intensive development of scientific and technological progress has expanded the scope of application of special knowledge in various types of proceedings. This is due to the appearance in the legislation of the new member process, a specialist designed to assist the court in the limits of its competence. This article is devoted to the procedural status of a specialist as a participant of civil and arbitration proceedings. The author emphasizes that, unlike the civil process, in the arbitration process a specialist is endowed not only with duties, but also with a number of rights enabling him to more effectively perform his functions. The author examines in detail the legal framework and judicial practice governing the order of participation of a specialist in the process, his rights, duties and forms of participation. The author analyzes the provisions of civil and arbitration procedure codes, the views of well-known scientists for the study of the evidentiary value of specialist advice and other topical issues of the legal regulation of a specialist in civil and arbitration law of procedure.

COMPARATIVE LAW

87-91 287
Abstract
In modern Western political and legal ideology, the rule of law idea is proclaimed as priority. The term “rule of law” is found in a variety of existing national constitutions. It is believed that for the first time the rule of law idea was proclaimed in the Middle Ages in England and then acquired the value of an unconditional moral and political-legal ideal. In Anglo-Saxon tradition the rule of law reflects the general principle of constitutionalism associated, on the one hand, with procedural impartiality and the fair application of legal norms and, on the other hand, with the ideas of protecting human dignity and respect for individual rights. In Western legal literature, it is customary to distinguish between "thin" and "thick" concepts of the rule of law. The first of them (formal) are limited by the formal characteristics of the laws and legal institutions that underlie the formation of the rule of law. The second (material, essential) require the inclusion of essential elements of the broader theoretical basis of an ideal society and a democratic state, with a market economy, respect for human rights and freedoms. The author analyzes the criticism of formal approaches to the concept of the rule of law.
92-96 346
Abstract
Morality is a concept that in most cases is synonymous with the term “ethics”. Morality – these are the rules that determine the behavior of the individual. Morality is the rules that determine the behavior of the individual. Human behavior is based on moral characteristics. Morality (from the Latin word moralis, which means “moral”) is a certain way of social consciousness and a variety of relations in society, a way of regulating a person’s actions in public life through norms. Unlike custom or tradition, the moral principles are represented by the ideals of good, evil, justice. Unlike legal norms, the execution of moral regulations is regulated only by spiritual influence (expressed in approval or condemnation of society). These rules are an important component of the activities of all subjects of legal relations, since the basis of actions under the law are not only technical, but also social norms. They determine the degree of effectiveness of the legal order.
97-104 423
Abstract
Based on the analysis of theoretical views of various scientists, practical activities to investigate crimes committed with the use of explosive devices and explosives, the article proposes a general and detailed concept of forensic characteristics of crimes of this category, specifies its structure, examines the modern essence of its main elements. It seems that the proposed theoretical knowledge of the forensic characterization of crimes committed with the use of explosive devices and explosives will help to ensure a scientific approach and professional effectiveness in investigating and solving crimes of this category to the subjects of their use. In the course of the study, in the framework of the dialectical method, general scientific methods of study were used: induction and deduction, analysis and synthesis, systematization, and the method of the system approach. The statistical method was also used (in the study of the state and trends of acts of terrorism), the comparative legal method. The conclusion and proposals presented in the work are based on the international principles of countering terrorism and the criminal legislation of the Republic of Belarus.
105-109 237
Abstract
This article is dedicated to the legislative regulation of intellectual rights in the system of civil law of the Russian Federation and the Republic of Belarus. The article discusses the general provisions that would be preferential for regulating various types of rights and prior to the development of specific legislation regulating the circulation of each type of intellectual product. It is noted that the protection of intellectual rights at the international and regional level is closely linked to the global technological and cultural development in general, the creation, distribution and use of existing and new proprietary technologies. It is also stated that a clear legislative regulation of the rights for the results of intellectual activity provides an incentive for authors to create new works and inventions, and allows regulating relations between them and consumers of intellectual products. The article pays great attention to the need to build a new system of legislation in the field of intellectual and exclusive rights.


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ISSN 2411-118X (Print)