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ECONOMICS. LAW. SOCIETY

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No 1 (2021)
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7-12 850
Abstract

This article is devoted to the analysis of restrictions imposed by government authorities during the COVID-19 pandemic, the results of their occurrence. Also the article describes measures to support business entities operating in the most vulnerable and affected areas. The author`s concern is the violation of the balance of private and public interests due to these restrictions. The article substantiates the conclusion that the law-making activities of the executive authorities has led to positive impact on protection of rights and legitimate interests of citizens. It is emphasized that the COVID-19 pandemic has clearly demonstrated such an advantage of the regulatory acts of the executive authorities as the speed of response and the possibility of maximum individualization of abstract legal provisions. At the same time, the authors point out the inadmissibility of substituting the rule of law by so-called «executive power lawmaking».

13-18 249
Abstract

Federal law N 411-FZ of 02.12.2019 «On Amendments to article 54 of the Family code of the Russian Federation and to article 67 of the Federal law «On education in the Russian Federation» (adopted December 2, 2019) has received legal force since December 13, 2019. Among the main tasks set to a lawmaker adopting this law was to develop a mechanism for ensuring the right of minor children to study the basic General education programs of preschool education and primary General education in the same institution where their older brothers or sisters study. This article is devoted to the history of the issue, analysis of achievement of goals, implementation mechanisms, as well as some problems arising in connection with this, in particular, a situation when an educational organization spans several departments, located remotely from each other and the child can actually be adopted for training in remote structural unit different from that where trained his relatives.

19-39 418
Abstract

The article analyzes the problematic aspects of the realization of the right to freedom of conscience and freedom of religion in the context of the official policy pursued in Russia on the formation of the system of electronic government in the period of the 1990–2010s. The author, based on the theoretical, legislative, and theological material considered in the publication, concludes that there is a permanent conflict between the legal regulation and administrative activities of the electronic government in its specific Russian version, on the one hand, and some religious norms, the worldview of resistant Orthodox Christians, their constitutional religious rights, on the other hand. Emphasis is placed on the facts of legal and informal discrimination in the framework of «electronic statehood» of the rights of persons who refuse to use information and communication technologies in the public space for religious reasons. The reasons for this gap between the system of «electronic government» and the Orthodox world are determined by excessive technocracy, optimism, and enthusiasm of those who determine the current policy of implementing the concept of «electronic government». To solve these problems, it is proposed to develop a set of legal means that provide citizens with the opportunity to choose between information and communication and traditional technologies of interaction between the state.

LEGAL BASIS OF ECONOMIC ACTIVITY

40-47 238
Abstract

Present article is devoted to the legal status of subjects of legal relations in the field of fuel and energy in the current legislation. It is an attempt to identify common legal features of business entities (other economic activities) that carry out such fundamentally different, but at the same time interrelated activities as extraction (production), processing, storage, transportation, distribution, turnover and use of energy resources. The author offers a distinction between the concepts of a subscriber and a consumer of energy resources, in connection with which they are offered a definition of a subscriber. The author also points out such a unique feature of the subjects of the fuel and energy complex as the differentiation of the legal status of the consumer of energy resources into the legal status of the consumer-a citizen and the legal status of the consumer-a legal entity, and touches on the problems of arbitrability of disputes in the fuel and energy sector.

48-59 2485
Abstract

The author investigated the set of legal techniques and legal measures that form the civil law method of legal regulation of the Republic of Belarus, he identified legal norms that form the basis of the civil law regulation method, carried out a comparative analysis of their content with similar norms of the Civil codes of post-Soviet states, members of the Eurasian Economic Union (hereinafter – the EAEU). On the basis of a critical analysis of the opinions to the applied civil law method, he concluded, firstly, the legal useless of statements of the imperative-dispositive method in civil law and, secondly, that the said method is characterized by normatively limited dispositiveness of the legal status of persons. The author has carried out the comparative analysis of the principles of civil law, as the basis of the method of legal regulation, with similar articles of the Civil Code of the EAEU – member states; it was concluded that the principles of civil law enshrined in the Civil Code of the Republic of Belarus establish the priority of public interests over private one`s, that this fact contradicts the essence of civil law regulation, which should be applied in states with developed democracies. It is established that the civil codes of the EAEU-states, do not contain the principle of dispositiveness in it`s classical sense, and normatively limited dispositiveness, as a feature of the civil law method, along with the system of principles is supported by a certain set of legal norms and the presumption of their imperative character. The analysis of the Russian and Kazakhstani experience of denial of imperative character of civil law provisions, as well as the norms supporting the normatively limited dispositiveness in comparison with the similar norms of the Civil Code of the EAEU member states. On the basis of analysis, the author proposes the ways of modernizing the applied method, overcoming the presumption of the imperative character of the Civil Code, endowing him the qualitiy of a dispositive method of a democratic state and developing the EAEU Civil Code. In the process of analysis, general and specific science methods of cognition as dialectical, historical, systemic analysis, legal comparative studies, formal legal method were used.

60-63 324
Abstract

This article examines the issues of the reception of the provisions of the Civil Code of the RSFSR of 1922 in modern conditions, taking into account the need for more detailed legal protection of transactions with the property of public law entities, the legal regulation of which implies a great imperative. Based on this, the authors have identified the main gaps in the existing legal mechanisms for protecting public property from the inappropriate use of this property by persons making a decision on determining the legal fate of public property. In order to improve the existing mechanisms of legal protection of transactions with public property, the authors, based on the historical method, analyzed the set of norms contained in the Civil Code of the RSFSR 1922, and assessed their effectiveness in the existing conditions. The main provisions of the studied norms of law contained in the Civil Code of the RSFSR of 1922, which are reflected in the existing legislation and law enforcement practice, are noted. The main proposals on the reception of the peremptory norms of the Soviet civil legislation, enshrined in the Civil Code of the RSFSR of 1922, in modern conditions are highlighted in order to eliminate corruption and anti-competitive risks arising from the involvement of public legal entities in the civil turnover of property.

INTERNATIONAL AND INTEGRATION LAW

64-71 239
Abstract

The article presents the basic results of scientific research of the peculiarities of the judicial and other legal protection from prosecution, and determine (establish) the existence of and compensation for damage in cases of non-contractual liability in the process of development, production, storage and distribution of nanobiotechnology, formed in European tort law, which is important in modern conditions of mass production and use of nanobiomaterials, causing the emergence of new risks for life and health, objectively requires the development of new techniques to ensure the safe existence of the individual, which is especially important in the context of uncertainty, including the threat of adverse consequences associated with the global spread of coronavirus and similar infections, some of which can have an artificial origin, and this causes, in turn tort liability delinquent and effective methods of forensic evidence, including judicial protection, the determination and compensation of harm (damage) caused by the unfavourable impact of nanobiomaterials. The subject of the study was the relationship that arises between developers, manufacturers and distributors of nanobiomaterials and nanobioproducts on the one hand and a person (individual), as well as on the environment and legal entities on which these types of materials and products have their own, including adverse effects, on the other. The main methods of cognition used in the study were logical, comparative, empirical, analytical, historical-legal, descriptive and others. The scientific novelty of the study was based on the conclusions according to which, first of all, in European tort law, the obligation to restore a pre-existing state should also be applied in case of contamination with nanobiomaterials, act as a deterrent factor that encourages suppliers and manufacturers to apply precautionary measures, and influence the preliminary studies and inspections carried out by them, and, secondly, material liability for damage caused in European tort law does not apply in advance – the risks of future damage are not compensable by themselves. Thus, plaintiffs are faced with the necessity of legal evidence the presence of something tangible, which can be assigned (determined by size), and compensation, that is, the demonstration of evidence about the harm caused (damages) or at least a solid of known probabilities that certain types of damage effects will manifest themselves later – on science related to nanobiomaterials, does not give a clear answer. In the future, the methods of judicial protection developed in European tort law, as well as the determination of compensation in cases of non-contractual liability in the nanobiotechnological sphere, in our opinion, can partly be reflected in domestic law, for example, in the civil and natural resource (environmental) legislation of the Russian Federation.

Foreign Legislation and Comparative Law

72-79 250
Abstract

The paper presents the results of a study of the main general features of the development of legal support for the personal safety of students and graduates, including postdocs, American universities and colleges in the current conditions of the spread of coronavirus infection, which exacerbate the financial and economic crisis on a global scale, as well as negatively affecting the integrity of students who are forced to study remotely on university campuses. The subject of the study was the relations that arise in the process of implementing primarily civil law, as well as, in part, administrative- and criminal law relations between the administration and teachers of universities and colleges on the one hand and students on the other, as well as between students in interpersonal communication, in the process of which situations of an illegal nature arise that require resolution primarily through the use of civil law methods and means of prevention and counteraction to ensure the personal safety of subjects of educational activity. In the process of conducting the study, logical, analytical, historical and legal, empirical, strategic management, instrumental and other basic methods of cognition of objective reality in the legal field under consideration were used. The scientific novelty of the study was made up of innovative approaches to the legal provision of personal security of students (graduates) of US universities, the results of which were the following main conclusions, according to which, first, the current negative state of affairs in relation to students, including PhD students and postdocs and assistant professors, can be corrected through the revision of legislative policy for grant support, allowing you to promote an increase in the number of scientific educational charities (to make it really profitable for the state and for the business community) who have substantial financial capabilities, and thereby expand the possibilities for financial support of this category of persons due to be concluded with them, along with employment agreements, contracts of civil nature for scientific research, as well as the implementation of their educational and methodological activities and, secondly, in modern society there is no place at all for such rules, which are established today by the current version of Title IX of the Code of Laws of the United States. In turn, universities should continue to independently maintain proper order within their walls and discipline themselves by civil law methods - general rules of tort and contract law (which, in our opinion, is most suitable for civil law methods of ensuring the personal safety of students and other direct participants in the educational process), as well as, if necessary, administrative and criminal legislation, respectively, which are known to automatically terminate civil law norms if there are relevant cases of an exceptional nature that require direct intervention by law enforcement agencies of the state. Such a regime would allow different approaches to be applied, corresponding to the diversity of existing social and legal institutions. And yet, as long as the United States Government enforces the regulations of Title IX of the United States Code of Laws, only clear and well-defined rules will help ensure the personal safety of students and other participants in educational activities, protect proper intra-university management procedures and freedom of speech from the university culture that they sacrifice because of the actual «insanity» of young people – students and a certain fervor of middle-level university administrators, which often has a political connotation.

80-87 470
Abstract

The main purpose of this paper is providing a conceptual model based on scenario planning and technology roadmap for aiding knowledge-based firms which are comforting uncertainty to formulate their innovation strategy. Asking opinion of experts and managers of these firms, we tried to consider all environmental uncertainties which marine industry knowledge-based firms are faced with. Academic and practical experts have verified proposed conceptual model, which tries to consider required dimensions of innovation strategizing. Employing qualitative approach, we have used various research tools such as deep interviews with experts and managers of knowledge based firms in Iran maritime industry for gathering and analyzing qualitative data. Our research design had two major phases. In the first phase, we tried to make our panel experts become much more familiar with the way of how innovation strategy in knowledge-based firms in uncertainty conditions can be formulated and how scenario-based technology road mapping can be employed in this situation. In second phase, we asked stakeholders to check the results and verify them. Therefore, in this research, qualitative tools are widely used for data collection and analysis. In this research, the concept of innovation strategy has approached based on Vahs and Berm work, which defines innovation strategy by its four components such as technology strategy, product strategy, process strategy and finally timing strategy. Innovation and technology strategy as a functional strategy are known as the key elements of strategic planning of any business. Many studies address firm’s innovation strategies are affected by different organizational features. Review of the literature shows that a conceptual model which handle many of internal and external organizational features relating with innovation strategy in uncertainty situations has not been implemented with the employing scenario based technology roadmap. The final model obtained is a conceptual model in time, with the advance of the timing strategy and taking into account the characteristics of market pull (drivers, needs and perspectives) and the technology push (innovations, enablers, and resources) in the overall Innovation strategy process begins. As in the scenarios-based technology roadmap models, four layers of market, products, technologies and technological resources strategies in the context of the time frame during the model of innovation strategies process are considered in this model. In this model, the competitive advantage comes from considering the external environment and paying attention to internal skills and capabilities, and then the stages of competitive strategy, technology strategy, and gaining competitive advantage over time are emphasized. Reviewing all aspects and considering uncertainty by utilizing the scenario-based technology roadmap tool as well as initiating an innovation strategy with developed processes and technologies along with customer needs and market pull are main achievements of the model marine industries knowledge-based firms. This model, given the fact that it has been reviewed by the managers and experts of these companies, as well as all the requirements of the literature, has increased its applicability, along with its high learning.

88-95 398
Abstract

The arsenal of methodological means of studying such a legal phenomenon as a legal entity, of course, requires expansion, the search for solid theoretical foundations, the development, first of all, of a universal conceptual apparatus. One of the significant theoretical aspects that are the subject of scientific discussion is the legal status of a legal entity - the subject of administrative tort legal relations. The article substantiates the possibility and practical necessity of differentiating the legal status of a legal entity and its legal status already as a legal entity participating in real procedural relations aimed at the implementation of the relevant substantive rules of law in connection with the emergence of a certain legal fact, was made a conclusion about the legitimacy of the use of the concept of «administrative delinquency» in relation to the legal status of legal entities. In the course of the study, the authors use a combination of the dialectical general scientific method of cognition with the particular scientific ones characteristic of research in the field of jurisprudence: comparative legal, technical legal, formal logical. The novelty of the research lies in the fact that the authors propose a comprehensive interdisciplinary approach to the study of the delineation of the concepts of legal status and legal status of a legal entity brought to administrative responsibility. As a result of the study, the authors formulated proposals aimed at improving the legislation on administrative offenses, showing the importance of differentiating the concepts of «legal status» and «legal status», «subject of proceedings in cases of administrative offenses» and «participant in proceedings in cases of administrative offenses».



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ISSN 2411-118X (Print)