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Volume 18, Nº 4 (2022)
Articles
Discretional Legal Technique and Technology of the Practice of Legal Regulation
Resumo
Purpose of the study. The article is devoted to the analysis of discretionary legal technique and technology in the context of their connection with the practice of legal regulation of public relations. The purpose of the study is to form a general theoretical understanding of the essence and significance of discretionary legal technique as a structural element of the technology of the practice of legal regulation of social relations. Within the framework of the study, the content of the concept and the structure of the practice of legal regulation were revealed. Based on a critical assessment of existing interpretations of legal technique and technology, the author's definition of their concept and meaning is given, and provisions are formulated on the concept and meaning of discretionary legal technique as a structural component of legal technology and a functionally significant potential of legal regulation practice. Conclusions. The regularities of discretionary legal technique as an element of the technology of general legal regulation are revealed: as the degree of generalization of the rules and techniques of law-making technique of abstractly general and relatively certain normative legal prescriptions increases, the degree of uncertainty in objective law also increases; the use of legal technique in normative legal acts regarding certain and abstract-general principles and norms of law determines the demand for the corresponding discretionary powers of private and powers of public subjects of law. The law of cyclicity in the development of discretion as a factor in the practice of legal regulation is formulated. The contradiction of discretionary legal technique to the principle of legal certainty is revealed and a measure to overcome it is proposed.
Economic Problems and Legal Practice. 2022;18(4):14-19
14-19
The Maturity of the Legal and Regulatory Framework in the Field of Cybersecurity in Latin America according to the Capability Maturity Model
Resumo
In 2016, Mexico, Argentina and Chile joined the Cancun Declaration «Ministerial Declaration on the Digital Economy: Innovation, Growth and Social Prosperity», in which ministers and representatives from 41 countries and the European Union committed to work together to reinforce the Internet’s openness, bridge digital divide, develop digital skills and strengthen the potential of the digital economy. However, with the exponential increase in the amount of digital data in cyber environments, security measures are becoming increasingly important. National and international entities are identifying cybersecurity threats, and the number of these threats is increasing daily. Addressing cybersecurity risks is possible if a productive and enforceable legal policy in the field of cybersecurity is in place. Therefore, in order to analyze the effectiveness of the regulatory framework, we use one aspect of the CMM model “Cybersecurity Capability Maturity Model for States”. Admittedly, for a number of countries, the development of the digital economy has become an impetus for the development of new legal mechanisms and practices to protect the rights of individuals, companies, institutions; rights and sovereignty of states from cyber threats and cyber terrorism.
Economic Problems and Legal Practice. 2022;18(4):20-29
20-29
Some Aspects of the Impact of Digitalization of the Economy on Antimonopoly Regulation
Resumo
The author's research is aimed at studying a number of aspects related to the development of antimonopoly regulation in Russia in the context of global digitalization of the economy. The relevance of the research is formed from the theoretical and practical content. Among the first, the author considers the lack of completeness of scientific research on the development of legal policy in the field of antimonopoly regulation. The practical content is a continuation of the theoretical meaning, which is associated with the need to attract the attention of the legislator to a clearer legal regulation of antimonopoly regulation in connection with the use of digital tools.
Economic Problems and Legal Practice. 2022;18(4):30-36
30-36
The Specifics of the Financial Support of the Health Care Function in Modern Conditions
Resumo
The article discusses the specifics of the financial support of the health care function in modern conditions. Health care plays a huge role in the development of the state economy. The healthcare system of the Russian Federation has been in the process of transformation for a long time. Compared to other, more economically and socially developed countries, the share of health spending relative to GDP is much lower. At the same time, such a level of financial support for health care is needed that is enough for current activities and for the further development of the industry. At the same time, the lack of budgetary funds determines the growth of private spending on health care, and can also lead to the growth of the shadow economy in health care. The subject of research in the article is the financial support of the health care function. The research methods were analysis, synthesis, empirical methods, comparison. The scientific novelty lies in the presented specifics of financial support, as well as in the developed priority directions for the development of financial support for the health care function. Conclusions: it is necessary to ensure the growth of funding for the healthcare sector, as well as determine the measures under which all sources of funding will be distributed so that they cover the needs of the population in providing medical care. In the Russian Federation, the growth of additional sources of financing for the healthcare sector should be accelerated. It is necessary to reduce the burden on medical personnel, reduce the waiting time for an appointment and increase the intake itself, as a result of which it will be possible to improve the quality of medical services provided.
Economic Problems and Legal Practice. 2022;18(4):37-47
37-47
The Procedure for Determining the Accumulated Harm to the Environment
Resumo
The goal is to identify legal features in determining the accumulated environmental damage in accordance with Russian legislation. The author analyzed the theoretical and normative approaches to this issue. The author compared the concepts of «accumulated harm to the environment» and «environmental harm» on the basis of the current legislation. Conclusions: The author notes a mismatched approach to the concept of accumulated environmental damage. This is due to the ambiguity of environmental-legal and administrative-legal norms. The procedure for determining this harm depends on the discretion of the executive authorities that are authorized to organize work to identify and assess it. The specification of signs of such harm is limited, on the one hand, by the general requirements of federal law. On the other hand, they all depend on each case of environmental pollution.
Economic Problems and Legal Practice. 2022;18(4):48-52
48-52
Legal Regulation of the State Geological Control (Supervision) in the Context of the Reform of Control (Supervision) Activities
Resumo
The purpose of the research. This article pays attention to the concept of good faith in the framework of the new legislation on control (supervision), and also examines the problems of compliance with mandatory requirements on the example of state geological control (supervision). The author examines the shortcomings of the modern system of control (supervisory) activities, analyzes ways to solve urgent environmental problems in Russia, unresolved even after the global reform of control (supervisory) activities and the commission of offenses that caused a wide public response. Results. As a result of the research and having considered the problems in the prism of the implementation of state geological control (supervision), the author came to the conclusion that at present the control (supervisory) authorities do not use all the mechanisms provided to them to stimulate compliance with mandatory requirements by the entrepreneur and the formation of a new standard of conscientious behavior. It does not take into account the possibility of including in by-laws available methods of crime prevention and incentive measures based on the specifics of the activities carried out by controlled persons. It is established that by good faith the legislator understands honest, open and continuous compliance by the controlled person with mandatory requirements, assessed in accordance with established criteria and encouraged by the supervisory authorities.
Economic Problems and Legal Practice. 2022;18(4):53-58
53-58
Amendments to the Constitution of the Russian Federation: Genesis and Practical Aspect of Implementation
Resumo
The relevance of the conducted research lies in the fact that, firstly, the latest constitutional reforms have become one of the most global and revolutionary in recent times, and secondly, despite the solidarity on the part of state authorities in the issue of their adoption, these amendments were amended, which caused quite a lot of disputes and disagreements in the among scientists and practitioners. Criticism, which became the reason for real disagreements, and to this day retains its social significance. Purpose: the main purpose of the study is the need to assess the causes that initiated these transformations, as well as the factor of social deformation caused by such measures. In the course of the study, the author mainly used methods of comparative analysis and synthesis, which allow not only to assess what happened, but also to model various situations reflecting, on the one hand, the materiality of the adopted amendments, on the other, the quality of the changes that occurred as a result of what was done. Results: the national path of development touches on many issues, one of which is the creation of a balanced and flexible system of governance of society. With the amendments to the Constitution of the Russian Federation under consideration, the legislator adjusted some of the social directions, and also expanded the horizons of the idea of what constitutes a true national interest. Conclusions: based on the use of the above methods, the authors come to the conclusion that the constitutional reform gives impetus to the action of new formats of administrative regulation, as well as brings fresh principles of social and legal significance to the activities of state bodies.
Economic Problems and Legal Practice. 2022;18(4):59-62
59-62
The Pension System of Russia - Will there be a Pension Revolution?
Resumo
The article is devoted to the study of the development and formation of the pension system in Russia. The author dwells on one of the key issues of pension reform-the revision of the conditions for the appointment and formation of the right to insurance pensions of Russian citizens. The main stages of the formation of the pension reform, as well as their advantages and disadvantages, are investigated. Based on the analysis of scientific sources, the ways of further transformation of the pension system are outlined. The author comes to the conclusion that the transformation will not be revolutionary, revolutionary-its essence will consist in reforming the existing components (state pensions, the system of compulsory pension insurance and non-state pension provision), improving the efficiency of their functioning, changing the formulas for calculating the amount of payments and creating and implementing new progressive mechanisms and tools based on domestic and foreign experience in the organization of the pension system.
Economic Problems and Legal Practice. 2022;18(4):77-83
77-83
Aggregator and Information intermediary as Subjects of Commercial Law
Resumo
Trade is constantly developing, in connection with which, a significant diversity of the subject composition of resellers-subjects of commercial law have appeared, therefore the question of whether aggregators and information intermediaries can be classified as resellers is of particular relevance. The objective of the study is to study and analyze the classification of resellers. The research methodology is presented by the comparative legal method and scientific analysis. The results of the study that was conducted can be used for further use in other scientific papers. The work is of particular value for persons specializing in the study of the classification of resellers, as well as for the aggregators themselves, information intermediaries.
Economic Problems and Legal Practice. 2022;18(4):63-65
63-65
Family and Social Policy of the State at the Present Stage: Main Directions and Development Prospects
Resumo
The purpose of the study. This article discusses new trends in the development of the family and social policy of the state, presents the modern and historical features of family relations, their relationship and continuity in the norms of the legislation of the Russian Federation. In the context of the analysis of amendments to the Constitution of the Russian Federation, the author systematizes the main directions of the social, family and demographic policy of the state, outlines the prospects for their further development in our country. Particular attention is paid to the amendments that are aimed at understanding marriage, defining the essence of traditional family values, the special situation of children and the priority protection of their rights.
Economic Problems and Legal Practice. 2022;18(4):66-71
66-71
Legal Protection and Environmental Protection in Mining in the Arctic
Resumo
The article discusses the main issues of legal regulation of environmental protection in mining in the Arctic in accordance with the legislation of the Russian Federation. Environmental and economic measures have been proposed to eliminate damage by industrial companies operating in the Arctic in violation of Russian law. And the state is also obliged to further cooperate with industry companies during preventive work. The measures of responsibility of entrepreneurs engaged in economic activities in the Arctic zone were studied.
Economic Problems and Legal Practice. 2022;18(4):84-88
84-88
Alternative Ways of Fixing Evidence in the Information and Telecommunications Network «Internet» in Cases of Protection of the Business Reputation of a Legal Entity in Arbitration Courts
Resumo
The purpose of the research. In the conditions of comprehensive informatization of society, the main array of untrue and defamatory information about a legal entity is distributed in the information and telecommunications network «Internet». The information disseminated in the information network must be recorded in accordance with the Arbitration Procedural Code of the Russian Federation in order for the court to accept them as admissible evidence. As a rule, those involved in the case of protecting the business reputation of a legal entity use such methods of fixation as printing out a web page (screenshot) or a notarial inspection of the site. However, evidence-fixing services are currently gaining popularity. The purpose of this study is to consider alternative ways of fixing evidence on the Internet and to identify the features of their functioning. Methods such as analysis, synthesis, formal legal and others were used to conduct the research. Results. The results obtained allow us to conclude that alternative methods of fixing evidence using automated systems and an online resource have great potential for forming an evidence base in cases of protection of business reputation in arbitration courts. At the moment, these methods of fixing evidence are already used in law enforcement practice.
Economic Problems and Legal Practice. 2022;18(4):89-93
89-93
To the Question of the Realization of the Rights and Freedoms of the Individual in Conditions of Digitalization
Resumo
This article is devoted to the analysis of topical issues of the implementation of the rights and freedoms of the individual in the context of digitalization. A relatively new category of «digital rights» is considered. The paper notes that modern information technologies contribute to the emergence of new realities for a person, society and the state, create additional opportunities for the development of economic, social and other spheres, but at the same time they bear corresponding problems and risks, both in terms of the realization of the rights and freedoms of the individual, and for the state as a whole. The author refers to the main problems in this area: the vulnerability of the security of personal and other personal information of citizens; committing offenses through the use of modern information technologies, a possible violation of privacy, as well as legally protected secrets; the emergence of difficulties with the use of appropriate information technologies in connection with the unprecedented sanctions policy of Western countries; possible errors in the operation of such information systems; insufficient informatization of citizens. The author believes it is necessary to use an integrated approach: at the legislative level, it is necessary to adopt changes that regulate the rights and obligations of participants in digital relations and establish reasonable limits for the use of digital technologies; constantly improve legal methods for the protection of human rights; create a sovereign information platform, Russian software for the free exercise of citizens' rights using modern information technologies (also, these developments must be introduced into the activities of public authorities, state and municipal organizations); increase information and legal literacy of the population; to significantly strengthen the measures of legal responsibility both in relation to the perpetrators.
Economic Problems and Legal Practice. 2022;18(4):94-99
94-99
Issues of Law Enforcement in Insurance Relationships: New Trends
Resumo
The article pays attention to the legal nature of insurance protection and insurance services. Some problems of law enforcement in insurance legal relations are considered, in particular, in liability insurance for damage compensation. It is noted that the insurance legislation contradicts some provisions of civil law. Attention is paid to some aspects of law enforcement when bringing an insurer to civil liability. Conclusions are drawn about the need to amend insurance legislation, as well as proposals for reforming insurance law.
Economic Problems and Legal Practice. 2022;18(4):72-76
72-76
Features of Bankruptcy in Simplified Bankruptcy Procedures
Resumo
In this article, the author sets the goal of studying the specific characteristics of simplified bankruptcy procedures, within the framework of which the features of the legal regulation of bankruptcy proceedings in simplified bankruptcy procedures of special debtors are considered: a liquidated debtor, an absent debtor, as well as a specialized company and a mortgage agent. The Bankruptcy Law excludes the application of monitoring, financial rehabilitation and external management procedures in relation to these special debtors, aimed at assessing the debtor's financial condition and implementing rehabilitation measures to restore his solvency, which corresponds to the task of reducing the duration and resource intensity of simplified bankruptcy procedures. The specifics of bankruptcy proceedings in respect of absent and liquidated debtors are insignificant, which do not allow to separate simplified bankruptcy proceedings as a special procedure. Bankruptcy proceedings carried out in relation to a specialized company and a mortgage agent do not have a wide practical application due to the organizational «protection» of these legal entities from bankruptcy. The author concludes that the current legislative regulation of simplified bankruptcy procedures does not contain significant differences between simplified bankruptcy proceedings and ordinary competition, which is a significant drawback of the legal regulation of simplified bankruptcy. The author presents proposals to simplify the procedure for bankruptcy proceedings of absent and liquidated debtors, including the rejection of mandatory quarterly meetings of creditors and the transition to simplified reporting of the bankruptcy trustee, proposals related to reforming the procedure for the sale of the debtor's property, including by developing a separate procedure for the sale of property in simplified bankruptcy procedures, as well as simplification of the procedure for the sale of receivables arrears.
Economic Problems and Legal Practice. 2022;18(4):100-104
100-104
Digitalization through the Principles of Legal Proceedings (In Civil and Arbitration Process)
Resumo
Digitalization processes cover the largest range of spheres of life every time. Including the law for a short period of development of digitalization is in close cooperation with these processes. It is noteworthy that the issues of digitalization in law are considered both in the theory of law and in a highly specialized branch of law, which indicates the high relevance of the stated research topic. The authors set the task of analyzing the impact of digitalization on the principles of civil and arbitration proceedings, considering that the principles represent the fundamental principle on which the branch of law is based. During the study, the authors made conclusions either about the positive impact of digitalization on the principles of the process and the promotion of their development, or about the negative effect that requires additional settlement of emerging problems. With this study, the authors draw attention to the fact that when introducing digital processes, it is necessary not to forget about the fundamental provisions and digitalize the process exclusively in accordance with the existing principles and compliance with constitutional rights.
Economic Problems and Legal Practice. 2022;18(4):105-109
105-109
Legal Regulation of Design Objects in Metaverse
Resumo
The article reveals the features of the implementation of intellectual rights in the «metaverse» in the context of modern international law, along with the issues of intellectual property protection for objects of design creativity in the context of the development of digital commerce using NFT (non-fungible tokens). The main concepts and models of already existing «metaverses», as well as NFT technology in relation to design objects in cyberspace, trends in the development of «metavers» built on the integration of virtual design objects and rights to them and already known cases of intellectual property infringement in connection with the use of NFT on objects of design creativity are investigated. The author considers the possibility of preventing new types of offenses against design objects in virtual and real space in Russia, taking into account the needs of the domestic modern market of goods and services and to strengthen the development of creative industries.
Economic Problems and Legal Practice. 2022;18(4):110-117
110-117
Problems of Organization and Tactics of the Search and Ensuring the Quality of its Conducting
Resumo
The purpose of the research. The article touches upon the problem of low quality of searches in investigative practice. The problem of the correlation of the organizational and tactical component of the search with its results used as evidence in criminal cases is analyzed. The purpose of the study is to identify typical problems of search operations that arise in the activities of the investigator, their causes and conditions, which often lead to the loss of valuable evidence. Results. As a result of the conducted research, the authors came to the conclusion that the main problem that affects the effectiveness of the search is the low level of professional training of investigators. It is not so much about the basic training of future specialists, as about maintaining an appropriate level of professional and psychological readiness of existing investigators to organize and directly conduct a search in various investigative situations throughout their official activities. The existing system of professional and service training of investigative officers is aimed at maintaining special skills and abilities at the proper level, but in fact a formalized approach to its implementation leads to the fact that the really necessary skills of investigators are not properly developed. This is especially true for a search, the production of which, in comparison with other investigative actions, does not occur so often, which does not allow most investigators to develop a confident skill of its high-quality conduct. In this regard, one of the effective conditions for the quality of the search by investigators is to ensure that they regularly practice the skills of conducting this investigative action within the framework of professional service training.
Economic Problems and Legal Practice. 2022;18(4):118-121
118-121
Formation of Corruption Risks and Challenges in the Conditions of Digitalization of Public Administration
Resumo
The article is devoted to the issues of the emergence of corruption in the conditions of the active introduction of digital technologies into the operational processes of public administration, the transfer of a large number of spheres of socio-economic regulation into the digital space. At the same time, despite the positive impact of digitalization on public administration, new risks and threats of corruption arise due to the digital transformation of society's life. The article determines these risks and threats in the context of digital, operational and legal factors, suggests ways to minimize them and reduce the negative impact on the level of corruption in the country.
Economic Problems and Legal Practice. 2022;18(4):122-127
122-127
Procedural Peculiarities of Evidence during Short-form Inquest
Resumo
The article discusses certain norms of Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation, which regulate the procedural features of evidence during short-form inquest, as well as their interdependence with the basis and conditions of an inquiry carried out in the manner determined by chapter 32.1 of the Code of Criminal Procedure of the Russian Federation. The aim of the presented article is to point out the existence of contradictions in the criminal procedure law, which are contained in Article 226.5 of the Code of Criminal Procedure of the Russian Federation and which create gaps in the subject and limits of evidence in the investigation of criminal cases in the short-form inquest, as well as to indicate the reason for these contradictions. The conclusion that was made in this article states that there is the need for scientific analysis aimed at the formation of proposals that contribute to the elimination of contradictions in the criminal procedure law, between the general subject and limits of evidence, and the subject and limits of evidence established in Chapter 32.1 of the Criminal Procedure Code of the Russian Federation with the purpose of creating regulatory and legal conditions conducive to the adaptation and development of short-form inquest.
Economic Problems and Legal Practice. 2022;18(4):128-131
128-131
Prevention of Illegal Logging in Australia, Indonesia, Malaysia and China
Resumo
Purpose of the study. The article discusses different ways to solve the problem of illegal logging of forest plantations on the example of those countries where, on the one hand, there is transparency in timber harvesting along with its certification and traceability, and on the other hand, the creation of the most effective forest management system, involving local communities in actively combat the problem of illegal logging. In the article, the author comes to the conclusion that each country has its own peculiarities, but it is impossible not to take into account the positive experience that historically justifies itself and gives positive results. Moreover, we are talking about those countries that have large forest plantations.
Economic Problems and Legal Practice. 2022;18(4):132-135
132-135
Features of the Production of the Execution in Regard to the Attorney
Resumo
Purpose of the study. The article discusses the features of the seizure in relation to lawyers. Devoted to the specifics of the inspection, search and seizure of lawyers, Art. 450.1 of the Criminal Procedure Code of the Russian Federation does not fully disclose the features of the seizure, since it generally regulates several investigative actions. The purpose of the study is to determine the features of the seizure of lawyers in various situations, determined by the status of this person. Conclusions. The author found that the main problems associated with the seizure of lawyers stem from the general problems in the production of this investigative action, related to the imperfection of Art. 183 of the Code of Criminal Procedure of the Russian Federation, therefore, first of all, their decision will contribute to the improvement of the seizure made in relation to lawyers. Recommendations have been developed to give preference to a search instead of a seizure, when there is no clear confidence in the location of items and documents to be seized. A proposal has been made to legally distinguish between the requirements for the seizure of a lawyer who is subject to criminal prosecution, and in other cases when the investigation is not conducted against a lawyer.
Economic Problems and Legal Practice. 2022;18(4):136-140
136-140
The Ways of Leveling Errors in the Results of Operational Investigative Activities: The Use of the Institute of Exclusion of Inadmissible Evidence and Improvement of Current Legislation on the Example of Criminal Prosecution for Forgery of Vaccination Certificates from COVID-19, PCR Tests and QR Codes
Resumo
The author of the study highlights an urgent socio-legal problem-the quality of the results of operational investigative activities used as a means of proof in numerous categories of criminal cases. This study examines, as an example, the practice of bringing to criminal responsibility for the forgery of vaccination certificates from COVID-19, PCR tests and QR codes using the tools provided for by the federal law «On Operational Investigative Activities» dated 12.08.1995 No. 144-FZ. The author offers a definition of operational investigative activities, as well as ways to «eradicate» the mistakes made in law enforcement through the use of the institution of recognizing evidence as inadmissible and improving existing legal norms. Based on the analysis of the legislation, the author concludes that the institution of inadmissible evidence is «dying out» due to the amorphous attitude towards it on the part of law enforcement officers. The author forms a «selection» of typical procedural violations, indicating the need to use the institute of inadmissible evidence, and suggests improving legislation in the field under study by expanding the list of grounds for the participation of a defender in criminal proceedings, providing for the procedural possibility of participation in operational search activities related to the real restriction of freedom and personal integrity of persons. The author advocates amendments to Part 2 of Article 60 of the Criminal Procedure Code of the Russian Federation by indicating categories of persons who cannot be understood during the ORM. In order to eliminate the tendency of artificial «reproduction» of crimes and the provocative nature of the actions of operational officers, the author suggests, in the case of several identical ORMs carried out by operational officers against the same persons (more than 2 times), the creation of special reporting conducted on the results of such ORMs and the subsequent termination of those episodes of crimes that do not We have identified new legally significant circumstances in the criminal case; at the legislative level, the author proposes to consolidate the need to appoint a forensic phonoscopic examination to give the operational-search event «wiretapping» legality in cases where the suspect/accused denies his involvement in the incriminated crimes or used the right provided for in Article 51 of the Constitution of the Russian Federation. The scientific novelty and significance of the study lies in the fact that the author demonstrates the existing gaps and imperfections of legislation in the field under study by concrete examples; suggests specific forms of «reconstruction» of existing legal norms and advocates the active use by courts of the institute of inadmissible evidence in order to achieve real, rather than nominal, protection of human and civil rights and freedoms in criminal cases.
Economic Problems and Legal Practice. 2022;18(4):141-147
141-147
On the Organization of Effective Legal Relations with the World Customs Organization: Recommendations for Customs and Economic Unions
Resumo
Task. To formulate proposals for organizing practical interaction between customs and economic unions with the World Customs Organization. Conclusions. The research article is devoted to the development of effective legal relations between customs and economic unions with the WCO in the current conditions of the functioning of the international customs organization, as well as the development of Eurasian economic integration. The subject of the study is the WCO legal instruments and tools, as well as the precedent of the European Union (EU) in terms of the formation of perspective relations between the EU and the WCO. The research material analyzes the organization of interaction with the WCO by authorized bodies of customs and economic unions; it also proposes an Action Plan (roadmap) for the Eurasian Economic Union (EEU) to obtain the status of the WCO Member as part of the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025. Based on the results of the study, conclusions and recommendations were formed within the framework of cooperation between the Eurasian Economic Commission and the WCO. Social Consequences. Conducting a study of the legal status of customs and economic unions in the WCO is associated with the implementation of clause 11.7.5. of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions) in terms of cooperation with this international organization. Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC), and can be used by specialists from customs and other executive authorities in the EEU member states, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the EEC-WCO activities and is the result of a comprehensive study of the issue of the legal and organizational basis for obtaining the WCO Member status by economic and customs unions.
Economic Problems and Legal Practice. 2022;18(4):148-155
148-155
Some Areas of Activity of Law Enforcement Agencies and the Main Problems Arising in the Field of Ensuring Economic Security of Russia
Resumo
The purpose of the study is to review and analyze the current state of economic security of the Russian Federation, the activities of law enforcement agencies to ensure economic security, including customs and internal affairs agencies, as well as to identify the main factors affecting the protection of the economic interests of the state and the economy as a whole. The article deals with one of the most pressing issues related to ensuring economic security in the Russian Federation today, and in particular presents a list of law enforcement agencies engaged in economic security, reflects the most common problems arising in this area, analyzes data on citizens' surveys on the state of modern economic crime (corruption). Special attention is paid to such internal threats as corruption, illegal legalization of income. The tasks of the state, on which the provision of economic security and national security depends, are defined, since the social, economic and political spheres of public life are interrelated and inseparable from each other. The logical result of the study was the conclusion that economic security acts as a material basis for ensuring the national security of the state, and the internal affairs bodies play an important role in ensuring security in the economic sphere. They interact with other law enforcement agencies and are designed to combat the criminalization of financial and economic activities of various organizations in the commercial sector.
Economic Problems and Legal Practice. 2022;18(4):156-161
156-161
Russia in the 2020s: Economics and Law Facing Challenges Industry 4.0
Resumo
The article is devoted to the analysis of the main direction of the prospective development of the world community-Industry 4.0, as a materialized expression of the fourth scientific and technological revolution, which will be decisive for the prospects for the development of modern civilization for the next 25-30 years, and possibly more. The study is conducted from the perspective of the two most important areas of modern public life-economics and law. Based on this, the purpose of the work is the formation of a comprehensive understanding of the current stage and prospects for the integration of Industry 4.0 into the modern global and domestic social structure, specifically in the prism of its interpretations in the economy and the legal sphere. The economic interpretation of Industry 4.0 today consists of three main hypostases-the introduction of Artificial Intelligence technologies into the functioning of economic actors, the transformation of the modern Internet in the direction of such innovative forms as the Internet of Things (IoT) and the Internet of People (IoP) with the deepening of the integration of economic actors into this virtual environment, formation of a «smart enterprise» through the creation of cyber-physical systems. The legal sphere, in the context of integrating the components of Industry 4.0 into the public environment as a whole, will face a number of challenges, among which, first of all, it is necessary to highlight the need to adapt the political and legal system to new conditions and form adequate responses to emerging trends. Also, already today, in order to predict, a list of those economic and legal problems that society will face in the practice of introducing the above elements into socio-economic practice can be proposed.
Economic Problems and Legal Practice. 2022;18(4):162-168
162-168
EU: The Effect of Energy Factors on Economic Growth
Resumo
The main aim of this essay is to investigate the effect of select energy-related variables on economic growth of select oil-importing EU member states. The data used covers the period from 2006 to 2020. Three different regression models were constructed via the gretl software. Namely, the OLS, FE and SE approaches to panel data analysis were used. The FE approach, based on comparative tests, was deemed to be the most appropriate one, and thus was used as the final model for final analysis and interpretation of the results. The main findings suggest that oil prices, oil and renewable energy consumption has a significant positive impact on the economic growth of the selected EU countries. The 2020 pandemic also had a noteworthy effect as well. Coal consumption was found to be the least significant factor in this case.
Economic Problems and Legal Practice. 2022;18(4):169-175
169-175
Territories of Advanced Socio-Economic Development as a Condition for Increasing the Competitiveness of Russian Engineering
Resumo
The purpose of the research. The purpose of the study is to identify the features of the development of enterprises of the machine-building complex in the territories of TOSER, to study the features of the development of TOSER. That SIR is currently an effective platform for the development of production, innovation base, infrastructure. The support measures directed to TOCER can be accumulated with other support measures and in modern conditions can serve as a driver of industrial development. Conclusions. The article reveals the main tools for the development of machine-building enterprises in the territories of TOSER, the world experience of the development of TOSER, which can be used in Russian practice, is studied.
Economic Problems and Legal Practice. 2022;18(4):176-182
176-182
Transportation Costs in the Formation of the Final Price of a Product or Service
Resumo
A task. Effective pricing of a paid product or service plays a huge role in increasing the profitability of entrepreneurial activities of budgetary institutions. The process of forming the final price of a product or service is based on information about the production cost of a budget institution, one of the important items of which are transportation costs. Cost distortion due to incorrect accounting of transportation costs can lead to incorrect management decisions in pricing, negatively affect competitiveness when entering the market of a new type of finished product or paid service of a budget institution. The above observations emphasize the importance of correctly calculating the production cost of a product or service of a budget institution. Model. The article proposes classification types of transport costs, presents the features of their accounting and influence on the pricing policy of budgetary institutions when releasing a product or providing a service. Conclusions. The direction studied in the article is an important line in the company's activities due to the fact that all the processes of its functioning are not possible without the formation of the final product, and its accuracy is a security measure of the legality of the company's life and its main competitiveness. At the same time, this area has not been fully investigated and presented for practical use for budgetary institutions. The measures proposed in the article will improve the procedure for forming the cost price and including transport costs in it. Practical significance. The practical significance of the article lies in the fact that the conclusions obtained and the proposed bases for the formation and accounting of transport costs are the core for optimizing the cost of products, works and services in budgetary institutions. Originality. The uniqueness of this article is due to the fact that both legislative acts and scientific literature pay little attention to the composition of transport costs and the specifics of their inclusion in the cost of products, works and services in budgetary institutions.
Economic Problems and Legal Practice. 2022;18(4):183-187
183-187
The Level of Balance of Industrial Development in the Arctic Observation Zone of the Russian Federation
Resumo
The Russian Arctic is the largest economic zone in Russia and the world. Any option for the development of the Russian economy is impossible without taking into account the strategic potential of the Arctic zone of the Russian Federation (AZRF). The country's leadership emphasizes the importance of its socio-economic development, including in the face of increased sanctions pressure. The aim of the work is to analyze the current level of industrial development of the constituent entities of the Russian Federation that are part of the Russian Arctic. The results of the analysis of the development dynamics of the subjects that are part of the Russian Arctic indicate a low level of balance in the industrial development. The development of the Arctic is complicated by the geographical, climatic and infrastructural features of the region. State support for the development of the Russian Arctic should be based on the desire to maximize the realization of its competitive advantages with the maximum adaptation of state policy to the peculiarities of its functioning and the heterogeneity of the economic space.
Economic Problems and Legal Practice. 2022;18(4):188-193
188-193
The Russian Economy under Sanctions Pressure from the Collective West
Resumo
The purpose of the article is to consider the economic development of our country in the context of geopolitical, military-strategic changes and the sanctions pressure of the collective West. The current state of Russia after the February events is analyzed according to the main macroeconomic indicators of development in the conditions of the financial and economic sanctions that have poured on us, imposed by non-friendly countries, on the one hand. On the other hand, the strong dependence of the collective West on the supply of a significant number of scarce commodities from Russia to international markets is considered, and it is clear that we will actively influence inflation, production and energy balance in the world for a long time to come. The problems on the way of the further development of the Russian Federation, due to the events, risks and challenges in response to the sanctions pressure of unfriendly countries, are revealed.
Economic Problems and Legal Practice. 2022;18(4):194-199
194-199
Negative Factors of Bologna Process Influence on Russian Higher Education System
Resumo
The purpose of the study is to analyze the impact of problematic factors inherent in the Bologna System on the competitiveness of domestic education and human capital development. The analysis of the use of the Bologna system revealed the presence of 10 significant problems. It is shown that the goal of increasing the competitiveness of education in the framework of the Bologna process does not contribute to the growth of such for the Russian Federation as a result of significant differences in the determinants of competition for Western Europe and Russia. The share of specialists with tertiary education in Russia (57%) is much higher than in the European Union (37%), which makes the choice of the Bologna system as a model for the development of education questionable. In contrast to the time when Russia joined the Bologna process, the leaders of economic development are now the largest emerging economies-China, India, etc. This makes it urgent for Russia to leave the closed Bologna system, which focuses on international competition. The key issue of the educational paradigm has not been solved within the Bologna process, which makes it relevant to solve it without burdening it with the norms of the Bologna process. Russia's unequal partnership with EU countries in the framework of the Bologna process facilitates the migration of Russian graduates to Western countries, which has already resulted in losses of 1% of GDP. The materials of the paper can be used for detailed elaboration of changes in the Russian educational system for the future, taking into account the possibilities of increasing its international competitiveness in the field of higher education.
Economic Problems and Legal Practice. 2022;18(4):200-213
200-213
Tax System and Reforms in Modern Europe
Resumo
An efficient tax system has a beneficial effect on the economy of any country in the world. The successful development of the state and the financing of budgetary organizations, social benefits, etc. depend on the fullness of the budget. Tax administration and control in the foreign countries helps to regulate the tax burden, tax collection and provide control over the activities of taxpayers. When exercising the functions of tax control and administration, problems and shortcomings in the legislation are revealed, which serve as circumstances for amending the tax legislation. This article is aimed at studying and analyzing the practice of implementing the control activities of the foreign countries tax authorities and its use for application in Russia. The relevance is due to the high level of development of tax relations between the state and taxpayers, which is clearly presented in the statistical information in this article.
Economic Problems and Legal Practice. 2022;18(4):214-222
214-222
Current Tax Issues Planning in the Digital Economy
Resumo
This study examines the theoretical basis for tax planning. Features in the conditions of the digital economy are highlighted. An assessment is given of the main information technologies that are used in the tax authorities in order to create a reasonable approach to tax planning (analysis of big data, the use of which allows you to trace the relationships, trends in changes in certain processes, allows forecasting; cloud technologies, which are characterized by distributed processing of digital data and participate in providing users with computer resources as an online service; electronic document flow). Errors in tax planning are highlighted, which do not allow the qualitative implementation of the process of reducing tax liabilities and can lead to tax offenses: errors that are due to misinterpretation of tax legislation; arithmetic errors; overdue tax due dates; late submission of reporting documentation; incorrect execution of primary documents, as well as their absence; late response of organizations to possible changes in legislation on taxes and fees; problems in the ambiguous interpretation of judicial practice. Tax schemes that take into account the new capabilities of tax authorities during inspections are analyzed, and tax savings are calculated. High risks of tax planning are identified, taking into account the recognition of the tax scheme as illegal. Illegality is determined by the following signs: formality-there is no separation: participants have common expenses, capital and instruments, no new business ties arise; unity of management and consistency of specific actions-in fact, the beneficiary is engaged in the management of all structural links. Often, participants specifically conclude unprofitable transactions, their actions are aimed at reducing the tax burden; reducing the tax burden-this implies the possibility of reducing tax liabilities to both parties; identity of activity-it is impossible to clearly distinguish between the directions of activity of the self-employed. which provides similar services, is engaged in the same production, and also performs the same work. The goals of the research work: to identify the main issues that arise during tax planning. Conclusions obtained during the study: assessed the possibilities of tax planning taking into account the digitalization of the economy.
Economic Problems and Legal Practice. 2022;18(4):223-229
223-229
The Implications of Russia-Ukraine Conflict for Geo-economics Development
Resumo
Apart from the huge influence on the regional geopolitical situation, the Russia-Ukraine conflict has also brought about a tremendous impact on the development of global geo-economic order. The United States and European countries have imposed sanctions on Russia with geopolitical tools regarding finance, currency, energy and other fields, breaking the asymmetric interdependence balance of regional geo-economics. Under such circumstances, the global geo-economic landscape has been reconfigured and shifted. Therefore, it is of great practical significance to explore the definition, development and future trend of geo-economics in the new context.
Economic Problems and Legal Practice. 2022;18(4):230-237
230-237
Creative Industries and the Digital Economy: Interaction, Research Issues. Publication-Active Creative Industries (Russian Practice)
Resumo
The object of the study is creative industries in the context of the development of the digital economy in the Russian economic space. The subject is the interaction of creative Russian industries and the digital economy as research areas in the Russian economic space. Research materials: a database of foreign and Russian researchers in the Scientific Electronic Library (NEB) in the areas of specific branches of creative industries in their relationship with the areas of the digital economy. Research objectives: research of creative industries in the Russian economic space, actively interacting with the digital economy from a publishing point of view; identification of a new term (method, technology) for the development of creative industries in the Russian Federation. The research is based on the author's methodical four-stage approach. The study consists of three interrelated parts. This part of the study shows the results of the first three stages of the study, the purpose of which was to identify creative industries in the Russian economic space that actively interact with the digital economy from a publication point of view. The results of the study are: the main research areas (areas) that are characteristic features of the digital economy have been formed: online platforms (or digital platforms), digital technologies, artificial intelligence, intellectual property; the publication-active types of creative industries are determined according to the All-Russian classifier of types of economic activity by areas of the digital economy: education; the areas of the digital economy most popular for publication activity are identified: digital economy, digital platforms, digital technologies, artificial intelligence, intellectual property.
Economic Problems and Legal Practice. 2022;18(4):238-243
238-243
Marketing Tools for the Promotion of Independent Accounting Companies and their Brands: Features and Prospects of Use
Resumo
The content of this article is based on the theoretical and methodological provisions of marketing, branding and the specifics of the use of these management tools in the market of accounting services and investment projects. To promote the brand in their field, accounting companies improve accounting technologies and introduce new marketing tools. The author conducted a competitive analysis of the main players in the accounting services market and identified solutions that independent accounting companies independently use to promote the organization and its brands. The author believes that in order to promote the brand, each accounting company should focus on the technology and quality of accounting and tax accounting. A detailed study of the activities of each company, an individual approach to each client is an integral part in the process of providing accounting services and brand promotion in this area. It is important to effectively convey to the audience the brand ideology based on the professionalism of employees, in which professional conferences, seminars and social networks will help accounting companies.
Economic Problems and Legal Practice. 2022;18(4):244-249
244-249