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ECONOMICS. LAW. SOCIETY

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No 3 (2022)
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DIGITAL TECHNOLOGIES AND DIGITAL LAW

7-13 279
Abstract

This article is devoted to the study of the actual issue of digital rights turnover in the Republic of Belarus. The authors used the Decree of the President of the Republic of Belarus No. 8 dated December 21, 2017 "On the development of the digital Economy" as the basis of the study, the annex to which is the Regulation on the High-Tech Park successfully operating in Belarus. The authors analyzed both the structure of the regulatory act and individual concepts, as well as the algorithm for performing operations with digital currency. The authors analyzed the positive provisions of regulation. Some disadvantages are also highlighted, which, in the opinion of the authors, are the ambiguity of a number of requirements, for example, manipulation of token prices. In addition, the document notes many requirements for good conscience, which may make it difficult for an ordinary user to understand.

14-19 215
Abstract

Within the frameworks of this article, the authors launched to analyze the system of regulatory legal acts of Canada regulating the civil transactions of digital rights. Conducting a comparative study of key concepts, the authors find that Canadian legislation has a different approach to the definition of the term "digital rights" to this adopted in Russia. In this regard, the article touches the issues of the formation and further development of legal regulation of digital assets. The authors conclude that Canadian legislation is one of the most tolerant to cryptocurrency in the world, not recognizing it as a currency, nevertheless allowing it`s use as a mean of payment. At the same time, the authors conclude that the Government of Canada is taking significant measures to prevent the use of cryptocurrencies and investment platforms for money laundering, terrorist financing and other illegal activities. The authors investigate the criteria for classifying crypto assets as securities by the Canadian regulator, the requirements of the legislator for the registration of digital currency trading platforms. The results of the conducted research can serve as a basis for the development of proposals for further improvement of Russian civil legislation in terms of regulating the turnover of digital assets.

20-24 290
Abstract

In 2022, the State Duma of the Federal Assembly of the Russian Federation submitted a draft Federal Law "On Amendments to Article 1225 of Part Four of the Civil Code of the Russian Federation (in part of expanding the list of protected results of intellectual activity in the form of non-fungible tokens)", providing for the expansion of the list of legally protected intellectual property. The draft federal law proposes to establish legal protection for copies of works of art in the form of non-fungible NFT tokens. In this regard, this article discusses the legal nature of copies of works of art in the form of non-fungible NFT tokens. The author notes that the creation and use of NFT-tokens of works of art is covered by the exclusive right to the work, while the creation of such a token does not actually lead to the creation of a new result of intellectual activity, and therefore the introduction of this legal novel seems disputable. At the same time, it is noted that since 2019 a new legal institution of digital rights has been developing in the Russian Federation, which legal nature seems to be closer to relations regarding the ownership and disposal of copies of works of art recorded in the form of non-fungible tokens.

CIVIL LAW

25-30 560
Abstract

The article analyzes the features of the application of civil liability measures in the scope of public procurement, reveals the punitive nature of civil liability, identifies the features of the application of civil sanctions. The subject of the study is civil law provisions regulating the specifics of the application of civil liability measures in the field of public procurement. In order to analyze the selected issues, such methods as comparative legal, legal modeling, and system analysis were used. The scientific novelty of the chosen problem lies in the fact that the article analyzes the civil law provisions regulating the mechanism of application of civil liability measures for improper performance or non-performance of obligations stipulated by a state (public law) contract. The conducted research allowes to formulate the following conclusions. Civil liability applied in the sphere of state and municipal procurement is an indirect legal relationship arising as a result of violation of the rights of one of the parties to the main civil legal relations by the other party. Accordingly, civil liability has all the features inherent in civil legal relations. In the field of procurement, general civil liability measures are applied, namely: penalty, recovery of losses, recovery of interest for unjustified use of other people's funds. Civil liability in the field of procurement implies the presence of a punitive element.

31-39 337
Abstract

The author of the article has conducted a study of the results of the practice of courts of general jurisdiction and arbitration courts in cases of acquisition of property rights by virtue of the rules of the acquisitive prescription for 2020–2021. The purpose of the analysis is to resolve the scientific hypothesis of the accounting of the legal positions developed by the Russian court practice on the project of acquisition prescription reform. The methodological basis of the study were analysis, synthesis, comparative legal, technical-legal, formal-logical methods. The author identifies the features and problems of the process of recognizing the ownership of residential premises, other real and movable property in the order of acquisition prescription. In addition, the author identified defects in the mechanism of property rights protection, which have a procedural nature, and proposed options for their elimination. As a result of the analysis, the author concludes the absence of consideration of the legal positions developed in the practice of courts of general jurisdiction and arbitration courts in cases of acquisition of property rights in the order of the acquisitive prescription.

40-45 334
Abstract

The article deals with aspects of civil law regulation of the institution of a hereditary contract from the standpoint of a structural and content analysis of its legislative structure. The sources of the study are the civil laws of the Russian Federation, Germany, Latvia, the achievements of the legal doctrine and the practice of implementing the institution under study. The purpose of the research is to systematize the provisions of the legal doctrine, to provide their systematic analysis with the relevant Russian and foreign practice, and the development of their own scientific position on the range of issues identified in the study. The subject of scientific work is the legal relations arising in connection with the functioning of the institution of the hereditary contract. The study used the dialectical method of cognition of reality, formal-logical, historical-legal, comparative-legal and general scientific methods of analysis, synthesis and analogy, as well as methods of systematic interpretation of the law and legal modeling. Based on the study of the legal acts of Russia and a number of states of the continental legal system, doctrinal positions, the author argues for the need for further development of the domestic model of the institution of the inheritance contract, taking into account the positive experience of its civil law regulation in foreign countries. The necessity of correcting the identified shortcomings of the legal technique of the legislative structure of the inheritance contract and additional clarification of its features, a more detailed settlement of the inheritance contract is substantiated. As a result of the study, the author proposes ways to solve the identified problems by introducing appropriate changes to the Civil Code of the Russian Federation.

FAMILY LAW

46-49 144
Abstract

The article is devoted to one of the most pressing issues in terms of the rights and obligations of parents and children – property, namely the creation of the results of intellectual activity in the process of joint activity by these family members. The author identifies the main ethical and property problems in this area of legal regulation and analyzes them from the point of view of not only civil, but also labor and family legislation. Particular attention is paid to the principle of good faith, one of the key principles of civil law, which in this area intersects with related branches of Russian law. The author comes to the conclusion that it is necessary to amend civil legislation in the field of income distribution as a result of the creation of works jointly by parents and children and taking into account the principle of good faith not only in civil law, but also in family legal relations.

INTERNATIONAL LAW AND COMPARATIVE LAW

50-55 355
Abstract

The article examines international standards in the field of human rights and freedoms, taking into account modern realities. When writing a scientific article, general scientific and special methods of cognition were used. Based on the analysis of the provisions of international acts regulating human rights, the authors come to the conclusion that these acts are only advisory in nature. The authors also compare possible restrictions of rights and freedoms in various acts. The novelty and relevance of the conducted scientific research lies in the authors' conclusions that: 1) in international relations in the sphere of respect for the rights of citizens, as well as in interstate relations, the provisions of the norms of international legal acts are completely replaced by the rules of situational and expedient behavior, which are imposed, as a rule, on a weak and actually non-sovereign state. If the counterparty does not accept these rules, then representatives of the unipolar world apply the full range of force pressure on the enemy (competitor), starting from encroachment on his property and the property of his legal entities, citizens, and ending with proxy wars, which often escalate into an open armed conflict; 2) international standards in the field of rights and freedoms human rights in the 21st century fit into the tendency to neglect them and deviate from them if the state (interstate entity) pursues its own geopolitical, political, economic and other goals in its activities, guided by the principle of situational expediency, and not the principles of international law, including in the field of respect for the rights, freedoms and interests of citizens in any areas of their private life.

56-61 139
Abstract

This article discusses the main provisions of the General Data Protection Regulation (next – GDPR) and Federal Law № 152 "On Personal Data" (next – Law-152) as the main sources of legal regulation of the sphere of personal data in Russia and the European Union. A comparative legal analysis of some rules of the Regulation and Law-152 is carried out, taking into account the changes proposed in the new draft law. The high level of development of GDPR standards in matters of ensuring the security of personal data processing, the rights of personal data subjects, as well as in the interaction of participants in the data processing process with supervisory authorities is emphasized. Particular attention is paid to the mechanisms of personal data protection, the possible consequences and their impact on business within the framework of the amendments to law-152. It is concluded that the initiated amendments to the law are largely aimed at ensuring the rights and interests of personal data subjects, but at the same time may cause complication of processes for business.

STATE AND LAW

62-67 307
Abstract

The article examines the historical and legal problems of the origin of the state and law from the standpoint of the sophikratic (intellectual-aristocratic) theory. The author, analyzing the genesis of the most ancient civilizations of the world (egyptian, sumerian, harap and chinese), known to modern science, comes to the conclusion that the formation of political and legal institutions of mankind was carried out according to a plan developed by the priestly estate, combining the qualities of scientists, ideologists, religious leaders and authoritative cultural figures. The state and law are primarily the product of human thought, materialized in legislation and legal practice. Developed legal thinking is impossible without the accumulation of knowledge that creates a complex urban culture. Therefore, the genesis of the state-legal organization of society was a natural result of the accumulation of knowledge by intellectual co-democrats – true aristocrats of ancient society. In fact, the article notes that economic, ideological, military, class, biological, civilizational, etc. hypotheses of the origin of the state are relevant only in the process of their gnostic reinterpretation as secondary factors of developed knowledge. In addition, the author emphasizes that the secrets of mastering fire, growing and baking bread, the invention of writing and mathematics have not yet been analyzed from the standpoint of proto-state factors. Speaking unequivocally, knowledge is primary to law and the state.

68-78 143
Abstract

The article presents the main results of a scientific study of the organizational and legal support for the implementation of national projects of Russia 2019-2024 taking into account their subsequent development in the future until 2030. The most competitive directions and opportunities for the formation on their basis of new vectors of socio-economic activity, harmonized with general and special trends of increasingly expanding digitalization, able to withstand new challenges and threats of global, regional and local scale. Proposals were made to improve legal support in this area taking into account the processes of globalization, as well as the adverse consequences of pandemic and sanctions phenomena. Logical, comparative, empirical, analytical, historical-legal, descriptive and others were used as the main methods of cognition during the research. The scientific novelty of the study was formed by the conclusions, according to which, referring primarily to the issues of family and family values in the modern state, the classical liberalism considered in this work, which is quite strongly rooted, including in Russia, assumes atomistic individualism, which undermines family integrity. Thus, classical liberalism does not undermine the foundations of the family by assuming that it is filled with atomistic, independent personalities. Rather, according to historical data, such individuals are born in the family, thereby allowing its creation. At the same time, there is also an economic aspect in the special attention of classical liberalism to the family, as evidenced by the fact that full-fledged families with two parents thrive in relatively free economies, such as industrialized countries. The health of a family increases the likelihood of economic success of its children. In a fairly free economy, healthy households contribute to more favorable economic outcomes. Free markets actually reward healthy families, support them, not undermine them. So for adherents of conservative ideas, the importance of healthy families should become part of any future free market political economy.

INVESTMENT LAW

79-84 368
Abstract

ESG principles are important for investors when deciding whether to invest their funds in the implementation of investment projects on the territory of a particular entity. The article presents the structure of ESG-principles, consisting of three main aspects: ecology, management and social development. It substantiates why ESG principles are important for companies and investors. Special attention is paid to the principles of responsible investment. The article presents a model of investment attractiveness of the region based on ESG principles, which shows that investment attractiveness depends not only on the development of the main factors, but also on the effectiveness of the implementation of the principles of sustainable investment. Particular attention is paid to the factors that should be taken into account in the methodology for assessing the investment potential of the region, namely: the degree of disclosure of non-financial information by organizations in the region and environmental costs. The authors note the need for extra-budgetary funding and the mobilization of federal funds for the transition to ESG principles, as well as the importance of introducing ESG principles into the strategic planning documents of the regions.

85-92 514
Abstract

The article is devoted to the consideration and analysis of the sources of law applied to the regulation of investment relations, which, according to the authors, are the most important component in the development of the economy of states. Investments serve as the basis of economic activity and an important prerequisite for innovation, production and trade growth. Therefore, solving problems related to attracting investments into the economy at the present stage is one of the priorities, in particular for the Russian Federation. Investment activity is almost always associated with risks. Investing capital resources in the economy of their own or another state, investors face the problem of possible loss of these funds in the unfavorable development of the economic and political situation. Therefore, the need to protect the rights of investors and the investments themselves within the framework of Russian and international law comes to the fore. The authors note that in relation to foreign investments, regulation is often provided by bilateral agreements between states, which does not exclude the occurrence of disputes between participants in investment relations. A significant role in the legal regulation of investment relations will be played by agreements concluded by the Russian Federation with states that are members of such international organizations as the EAEU, SCO, BRICS.

93-97 166
Abstract

The study is devoted to the topical issue of cross-border regulation of foreign direct investment in terms of the role and position of the Russian Federation in the global management of FDI. The methodology of this study is based on general scientific methods of cognition, such as analysis and synthesis, and a systematic approach. The materials on which this work is based include official legal sources, as well as data from international organizations. It is shown that in modern realities, Russia's influence on the management of global processes associated with the cross-border movement of investments is limited and is largely due to external negative political factors. At the same time, it is not possible to conclude a universal multilateral convention in the field of cross-border movement of investments, which determines the further deformation of the international FDI regime, the strengthening of regional forces and the growth of their influence on global processes, including through integration groups such as the EAEU, BRICS and SCO.

MIGRATION LAW

98-103 198
Abstract

The article is devoted to the study of the impact of labor migration on the economy of modern Russia. In the work, on the basis of the reviewed scientific literature, the economic reasons that encourage labor migration are analyzed. The author draws attention to highly qualified labor migrants, calling them catalysts for the economic growth of the host state. Attention is paid to the problem of the influx of low-skilled migrants, the factors contributing to this phenomenon are studied. Attention is focused on the fact that, taking into account the current conditions of economic development in Russia, it is important to create favorable conditions for the involvement of highly qualified labor immigrants in all spheres of the economy: industry, agriculture, forestry, construction, trade and catering, etc. Proposals are formulated to improve the organizational and legal regulation of procurement agricultural products in the Kherson and Voronezh regions. The author's category of organizational and legal regulation of labor migration is defined, recommendations for improving both organizational and legal regulation in the field of digital economy are formulated. The methodological basis of the study was made up of modern general scientific and special methods of scientific cognition. The systematic method made it possible to study the problems in the field of labor migration in the unity of their social content and legal form. With the help of the logical-semantic method, the conceptual apparatus is deepened. Methods of analysis, synthesis, classification were used to analyze the features of organizational and legal regulation of labor migration.

104-112 205
Abstract

The article explores the norms of criminal legislation stipulating the procedure for calculating the time of serving a criminal punishment such as forced labour. When writing the article empirical methods of description, theoretical methods of formal and dialectical logic as well as private scientific methods: legal-dogmatic and method of legal norms interpretation were used. Based on the provisions of regulatory legal acts and scientific literature the conclusion about the need to change the rules of calculation of the term of the analyzed punishment has been formulated. The author proposed to calculate the period of forced labour depending on the time during which the convict is officially in labour relations. The term of forced labour should not include working days when the convict was absent from his/her place of work for unreasonable reasons that will contribute to full serving of a criminal sentence. The study also identified additional periods that are not connected with the actual serving of forced labour, but must be taken into account when calculating the sentence: the period when the convicted person is in a facility for offenders and the period when the convicted person is detained due to evasion from serving his or her sentence. These periods along with the period of short-term departures out of penitentiary centre it is offered to count in time of serving forced labour by special rules.



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ISSN 2411-118X (Print)