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ECONOMICS. LAW. SOCIETY

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No 3 (2021)
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7-12 664
Abstract

In 2020 the economies of the whole world faced the coronavirus pandemic – one of the most serious challenges in recent decades, its consequences had a negative impact on all spheres of public life, especially on the standard of living of citizens. These events required decisive action and closer coordination of the efforts of the Bank of Russia and the Government of the Russian Federation in the sphere of the state's monetary policy, as the basis for stabilizing the welfare of all segments of the population. The inflation targeting regime used by the Central Bank of the Russian Federation has shown its effectiveness during the 2020 pandemic. However, it is impossible to manage inflationary processes without establishing solid constitutional and legal foundations of the state's monetary policy and securing the place of the Bank of Russia in the mechanism of state power. In this regard, the question of determining the essence of monetary policy and the limits of government intervention in its implementation requires attention. Based on the experience of foreign and domestic researchers, the article attempts to give the author's definition of monetary policy. The main goals of monetary policy in an unstable economy caused by the COVID-19 pandemic are identified. The role of the Bank of Russia in the implementation of monetary policy is determined. The basic principles of monetary policy, which should be guided by the Bank of Russia and the Government of the Russian Federation, are proposed.

13-18 534
Abstract

The subject of the article is the budget policy of Russia as a legal document in the formation of the federal budget. The author analyzes the content of this concept, from the point of view of economic and legal aspects, to identify trends and shortcomings. To date, a full-fledged study of the legal regulation of Russia's budget policy has not been conducted. The author identifies three stages in the history of budget regulation of budget policy. For each of them, on the basis of the historical and legal method, the corresponding features in its regulation are determined. Currently, the budget policy is formed as part of the main directions of the budget, tax and customs tariff policy. The analysis of legal regulation showed that the Message of the President of Russia is the basis for the formation of budget policy. However, the general procedure for the formation, content and approval of the budget policy is not defined. Based on the comparison of the provisions of the President's Messages and the content of the budget policy, the author came to the conclusion that not all the proposals of the President of Russia in the field of budget relations are formed in its content. According to the results of the study, the following shortcomings in the legal regulation of budget policy are also noted. Thus, the budget policy does not contain any instructions on the initialization of new legal norms for its implementation in the reporting period. The budget policy does not analyze the relationship of the proposed non-financial measures with the indicators of the federal budget. The budget policy and the Message of the President of Russia are not synchronized in time, which leads to its "formal" nature in budget legal relations.

LEGAL BASIS OF ECONOMIC ACTIVITY

19-25 993
Abstract

The article is devoted to general issues related to the principles of good faith and reasonableness in business relations. In particular, the author examines their concepts and comes to the conclusion that mentioned legal categories leave quite wide opportunities for their subjective interpretation and judicial discretion, which is also due to the lack of their legislative content. The article also raises the question of the qualification of the economic entity actions that are carried out within the framework of the law, but violate ethical norms, including the principle of conscientious behavior of business entities. Taking into account the evaluative nature of the categories of good faith and reasonableness and the ambiguous understanding of the content, the author turns to judicial practice, including the analysis of the fundamental explanations of the highest judicial bodies. Special attention is paid to the correlation of the implementation of the principles of conscientious and reasonable behavior of participants in civil, including corporate legal relations, with entrepreneurial risk. On the basis of successful foreign experience, the conclusion is formulated that the domestic law enforcement officer, when applying the norms on the principles of good faith and reasonableness in making decisions, should proceed from the actual capabilities of the average entrepreneur, without presenting any additional requirements to him in order to comply with the standard of behavior. At the same time, it is possible to talk about unfair or unreasonable behavior only if the person clearly neglects his duties. As a result, the author comes to the conclusion that the synergetic nature of the categories of good faith and reasonableness determines the specifics of its implementation in entrepreneurial (including corporate) relations. The risky nature of entrepreneurial activity implies certain pragmatism in the content of the principles of conscientious and reasonable behavior, which excludes their filling with universal values. Otherwise, this may lead to a curbing of business activity.

Foreign Legislation and Comparative Law

26-31 530
Abstract

The problem of human trafficking is a difficult and socially dangerous reality of the modern world. Today, the problem of human trafficking is acquiring innovative trends associated with the global achievements of scientific and technological progress and their use for criminal purposes. The “live” trafficking in itself, which is dangerously topical under the conditions of open borders, unlimited and insufficiently controlled export of criminal manifestations, carries a rigid paradigm of rapidly developing areas of modern slavery. Research in the stated area is aimed at identifying the underlying factors and characteristics of various forms of human trafficking in the global world. Successful counteraction to trafficking in persons depends on the legal provision of a solution to this problem, both at the level of international and domestic law. The world community, taking into account the serious level of the problem, is making multi-trend efforts to combat this criminal phenomenon. In the article, the author defines the reasons for the existence in the world of the practice of selling and exploiting people, as well as the directions of international actions to form state policies in the field of preventing trafficking in persons, unconditional and unconditional prohibition of such acts, leveling the conditions conducive to their development. To achieve the goals and objectives of the study, the author analyzed international policy documents, scientific literature and other information in the field of human trafficking, approaches and measures to counter this phenomenon, and also studied the situation with human trafficking in the Republic of Azerbaijan in a comparative context with global and international trends. The implementation of international legal standards in the field of human trafficking is aimed at completely leveling both this phenomenon itself and the conditions and causes of it. The fight against this grave crime, which has deep social causes and consequences, has become part of international and state programs, strategies and development concepts, which ultimately leads to the achievement of social justice in relation to a person and the realization of his rights to a safety of life.

32-37 389
Abstract

The relevance of scientific researches of the provisions of the institute of acquisition prescription is primarily due to the planned reform of the Property law in Russia. At the same time, there is an indisputable high degree of elaboration of the legal nature of the acquisition prescription, its individual elements in both domestic and foreign doctrine of civil law. However comparative legal studies of the main elements of the institute of the acquisition prescription of unrelated legal systems have not been conducted to date. The author considers the most actual issues of determining the content of the prescription ownership criteria based on the subject of evidence in disputes over the acquisition of ownership of real estate in the order of acquisitive prescription in Russia, England, Hong Kong and Australia. In the present article, a study of the elements of the institution of acquisitive prescription in the continental and Anglo-American legal families is carried out on the basis of a comparative legal analysis of the already carried out English reform and the alleged changes in the real law of Russia, Hong Kong and Australia. Conclusions are formulated about the content of the prescription ownership criteria in the jurisdictions under consideration. In conclusion, the author formulates that the cancellation of the good faith criteria of the prescription ownership is not sufficiently thought out.

38-44 396
Abstract

The article examines the issues of the formation and development of the language for special purposes of the modern Chinese language, which was formed in the course of the comprehensive reform of the economic system of the PRC. The features of the development of the economic terminology of the market economy in the diachronic sense are considered. The language of the market economy of the modern Chinese language is objectified in the Chinese economy and functions at a level close to the conceptual one; adjustments are made to it, produced by the specifics of the Chinese economy itself. All this was reflected in the Chinese language and contributed to the intensive growth of special vocabulary in the NKL. The article analyzes authentic Chinese sources and Chinese economic terms «专用 语言» zhuānyòng yǔyán “zhuanyun yu'yan», «专门 用途 语言» zhuānmén yòngtù yǔyán «zhuanyun yuntu yu'yan», «专用 目的 òù语言 mhuyān zhuanyong mudi yu'yan», « 社会主义 市场 经济 专用 目的 语言 «shèhuìzhǔyì shìchǎng jīngjì zhuānyòng mùdì yǔyán» shehuizhu'i shichang jingji zhuanyun mui yu'yan. In the article, we will adhere to the practice of using the names of Chinese terms in hieroglyphics, in Russian and Chinese transcriptions.

45-53 546
Abstract

The article considers the issues of the implementation of the foreign policy of the Russian Federation and their relative sequence with the development of the border regions of the country. The purpose of the study is to study the relationship between the foreign and domestic policies of the Russian Federation, as well as their mutual influence on each other through the analysis of the regulatory framework. In the course of the study, methods of analysis, synthesis, induction, deduction, comparison and comparison of various regulatory legal acts of the Russian Federation were used. The author examines the provisions of the fundamental documents concerning the foreign policy course and cross-border cooperation in the Russian Federation. The author's conclusions are made in the article, which make it possible to correlate the vector of foreign policy with the development of cross-border cooperation with foreign neighboring countries. The author revealed that the documents under consideration are interrelated and do not contradict each other. In turn, the planned, balanced, well-structured foreign policy of the Russian Federation testifies to the adherence to the planned course of development of the country, taking into account the defense of national interests and priorities of the state on the world stage. However, the country's foreign policy does not have a sustainable strategy for implementing activities regarding cross-border cooperation, since the documents do not clearly prescribe an effective mechanism for such activities, nor do they prescribe clear targets for the implementation mechanism for individual articles.

54-60 905
Abstract

This article focuses on the transformation of the classic legal tender - money. The world space is trying to find an alternative to cash and non-cash payments. We are talking about cryptocurrency and other forms of virtual currencies, which are based on a distributed ledger for storing information about transactions. In connection with the growing popularity of cryptocurrencies, the question of public confidence in the state arises. Analysts associate this situation with various factors, including the fact that citizens did not have broad alternatives in choosing legal means of payment. The authors in the article set out their views on this matter. In addition, the issue of issuing national digital currencies is being considered. The authors analyze the prospect of legal consolidation of the digital ruble as a new type of national payment unit, note its advantages and disadvantages, as well as risks. The authors analyze the discussion about the advisability of legislative consolidation of the digital ruble. The article discusses the contradictions in approaches to the definition of concepts used in the field of regulation of digital currencies. We are also talking about the legal nature of the digital ruble and its relationship with cryptocurrency. The research topic is new for scientific legal literature due to the novelty of relations arising in the field of digital currencies. This factor determines the relevance of the study. The article discusses the issues of the ratio of the digital ruble and cryptocurrency, and draws conclusions regarding the essence of the digital ruble.

61-66 504
Abstract

Every year, the civil turnover plunges deeper into the digital world. It leads to the emergence of new objects of law: digital financial assets, utilitarian digital rights. However, the existing approaches to the legal regulation of such digital assets in different jurisdictions do not differ in terminological unity. Meanwhile, different definitions of the same legal phenomena or their absence in general give rise to a well-known problem in private international law, called the problem of qualification. The subject of this paper is the legal qualification of digital rights. The author of the article conducts a comparative legal analysis of the legislation on digital rights in Russia and other jurisdictions to find out whether there are foreign analogues of this terminology and what is its legal qualification. The analysis allows us to conclude that it is theoretically possible to apply both the classic conflict-of-laws binding lex fori for the purposes of qualification, and the rule of law other than the law of the country of the court. The author places special emphasis on the complex legal nature of digital assets, which must be taken into account when conducting research in this area.

67-70 1482
Abstract

In this article, the author raises the question of the current stage of development of various spheres of public relations in the state, the new processes of digitalization in various spheres of life for society is quite expensive and complex economic and legal phenomenon that needs to be integrated into the existing system of law. The process of digitalization of society today is no exception. The development of public relations on the Internet, as well as the turnover of digital objects and objects that are used exclusively in the digital environment, indicates the existing civil legal relations with special specifics within the legal field. Distinctive interplay of homogeneity digital relations and civil legal relations is undeniable, but any existing prerequisites for the development of the phenomenon of digitalization in society suggests that, from the point of view of Economics and law, independently form a homogeneous medium of digital relationships of a new industry - digital rights. On the basis of well-established structural economic and legal intersectoral institutes in the science of jurisprudence and economics, new intersectoral institutes are being formed. The processes of formation, development and management of user activity in the digital environment (the Internet) determine the need for the formation of a detailed theoretical understanding of the phenomenon of our time "digitalization".

71-75 1976
Abstract

In modern conditions, the research of digital law provisions is an urgent problem in the international arena. This is due to the sound development of information technology and mass-media, as well as the popularization of the process of globalization in modern space. Digital rights are obligations and other rights, which content and conditions of their realization are determined by the rules of the information system that meet the characteristics established by law. Implementation, order, including transfer, pledge, encumbrance of digital rights in other ways or restriction of the disposal of digital rights are possible only in the information system without contacting a third party (Article 141.1 of the Civil Code of the Russian Federation). It should be noted that digital rights as a new object of civil rights appeared as a result of the development of cyberspace and information systems, and such rights are materialized only in electronic form in the form of a digital code. The purpose of this article is to study the legal regulation of digital rights in the Russian Federation and in foreign countries. Research methodology - analysis of scientific literature on a given problem, as well as practical foreign experience. The author examines the implementation of digital rights in the civil legislation of the Russian Federation, analyzes various terminology of digital rights, provides legislative gaps in the regulation of digital rights in domestic law.

LAW AND STATE

76-83 354
Abstract

The number of public relations regulated by civil legislation includes legal relations on compensation for damage caused by lawful actions of state bodies. These legal relations have much in common with obligations arising from causing harm in a state of extreme necessity. The author notes the need to distinguish these legal relations, points out the heterogeneity of these legal structures. The subject of this study is the legal norms that form the institution of extreme necessity in law and regulate the procedure for compensation for damage caused by lawful actions of state bodies. To solve these problems, the author uses general and specific methods of scientific knowledge: analysis and synthesis, induction and deduction, comparison and analogy. The article presents for the first time a comparative analysis of legal relations on compensation for damage caused by lawful actions of state bodies and obligations arising from causing harm in a state of extreme necessity, which indicates the scientific novelty of the study. The author comes to the conclusion that there are contradictions in the legislation, entailing consequences in the form of a mixture of these legal phenomena, and suggests ways to improve the legislation.

84-90 421
Abstract

The increasing role of surrogate motherhood in the modern world, and the need for the moral and legal adaptation of this institution in the Russian Federation as it`s result, determined the relevance of considering issues related to medical secrecy of subjects of legal relations of surrogate motherhood. The goal was to identify gaps that exist in today's approach to the regime of medical secrecy of the parties in the legal relationship of surrogate motherhood. In the course of the study, conclusions were drawn about the impossibility of fully implementing the human right to medical confidentiality during the infertility treatment procedure by assisted reproductive technologies. This is dictated, firstly, by the need for constant information exchange between potential parents, the surrogate mother and the medical organization, without which the most positive result of the surrogate motherhood procedure can be achieved, secondly, by blurring the medical secrecy of each of the spouses who applied, due to that in this legal relationship they enter as a single subject - the patient. The practical significance of this study: the elimination of one of the gaps in the regulation of the new, one of the most complex in modern legal doctrine, the institution of surrogate motherhood. Conclusion: the concept of medical secrecy in surrogacy has been modified and reflects the rights of participants in these relationships, the rights of spouses to medical secrecy have merged into a single whole on the basis of the general status of the patient in the treatment of infertility using the surrogacy method



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ISSN 2411-118X (Print)