Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-27-32
T. K. Kovaleva
The various aspects of the present-day policymaking in relation to the cluster development and growth are analyzed. The concepts of approaches employed in Norway and the US are identiied, along with policy tools used to support the cluster creation, functioning and development. Speciic features of municipal policymaking are addressed and an overview of the approaches to cluster organization is provided. The policy tools are listed as effective solutions in the context of deploying the currently existing set of policy tools in this area. The set of policy tools in the above-mentioned countries has evolved with their key elements and the decisions adopted by the policy— makers in these countries to put in place the policy tools in the relevant area being addressed. The policy approach to the creation and development of clusters as the tools of industrial policy and area economic development has been formulated while emphasizing that the key policy makers are to be those at the regional and municipal level.
{"title":"Support of Establishment and Growth of Clusters: Central, Regional and Local Government","authors":"T. K. Kovaleva","doi":"10.18572/1811-1475-2023-1-27-32","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-27-32","url":null,"abstract":"The various aspects of the present-day policymaking in relation to the cluster development and growth are analyzed. The concepts of approaches employed in Norway and the US are identiied, along with policy tools used to support the cluster creation, functioning and development. Speciic features of municipal policymaking are addressed and an overview of the approaches to cluster organization is provided. The policy tools are listed as effective solutions in the context of deploying the currently existing set of policy tools in this area. The set of policy tools in the above-mentioned countries has evolved with their key elements and the decisions adopted by the policy— makers in these countries to put in place the policy tools in the relevant area being addressed. The policy approach to the creation and development of clusters as the tools of industrial policy and area economic development has been formulated while emphasizing that the key policy makers are to be those at the regional and municipal level.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126823631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-54-58
A. I. Khimchenko
The article is devoted to the study of remote identification mechanisms in the context of the problems of their application and development as a key element of the formation of an environment of trust. The development of the financial industry is currently characterized by a number of processes — the emergence of a large number of new products and the introduction of new formats for their provision, the expansion of the geography and boundaries of the presence of financial organizations, the improvement of sales channels of financial products and services, including remote. In these conditions, the goals and objectives of modern technological transformations determine the need to create high-quality industry solutions for remote identification, which are the basis for the formation of an environment of trust for recipients of remote services. The present study is aimed at a scientific understanding of the dynamics of the development of legislation that forms the mechanisms of remote identification, allowed to identify the features of application and implementation risks, priority development trends.
{"title":"Informational and Legal Problems of Establishment of the Digital Environment of Trust in the Financial Sphere by Development of Remote Identiication Mechanisms","authors":"A. I. Khimchenko","doi":"10.18572/1811-1475-2023-1-54-58","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-54-58","url":null,"abstract":"The article is devoted to the study of remote identification mechanisms in the context of the problems of their application and development as a key element of the formation of an environment of trust. The development of the financial industry is currently characterized by a number of processes — the emergence of a large number of new products and the introduction of new formats for their provision, the expansion of the geography and boundaries of the presence of financial organizations, the improvement of sales channels of financial products and services, including remote. In these conditions, the goals and objectives of modern technological transformations determine the need to create high-quality industry solutions for remote identification, which are the basis for the formation of an environment of trust for recipients of remote services. The present study is aimed at a scientific understanding of the dynamics of the development of legislation that forms the mechanisms of remote identification, allowed to identify the features of application and implementation risks, priority development trends.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125701304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-21-26
K. Agamirov
The article is devoted to the study of topical issues of modern theory regarding the effectiveness of the legal regulation of public relations. The author outlines the relevance and significance of the topic of research. A brief retrospective description of the development of domestic research practice on the problem of the effectiveness of legal regulation of public relations is given. The thesis is argued that one of the most pressing issues of modern theory is the problem of “extraordinary” legal regulation of public relations, which arose due to the complication of the epidemiological situation in the world. Emphasis is placed on one of its sub-issues, the limitation of natural human rights. The author concludes that the integration of additions, changes to national legislation, new requirements, rules, obligations, even if they are justified by a high-alert and emergency regime, a priori must comply with the provisions of de jure priority regulations. Only in this way will the legal regulation of public relations be effective de facto.
{"title":"Efficiency of Legal Regulation of Social Relations: Relevant Issues of the Modern Theory","authors":"K. Agamirov","doi":"10.18572/1811-1475-2023-1-21-26","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-21-26","url":null,"abstract":"The article is devoted to the study of topical issues of modern theory regarding the effectiveness of the legal regulation of public relations. The author outlines the relevance and significance of the topic of research. A brief retrospective description of the development of domestic research practice on the problem of the effectiveness of legal regulation of public relations is given. The thesis is argued that one of the most pressing issues of modern theory is the problem of “extraordinary” legal regulation of public relations, which arose due to the complication of the epidemiological situation in the world. Emphasis is placed on one of its sub-issues, the limitation of natural human rights. The author concludes that the integration of additions, changes to national legislation, new requirements, rules, obligations, even if they are justified by a high-alert and emergency regime, a priori must comply with the provisions of de jure priority regulations. Only in this way will the legal regulation of public relations be effective de facto.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115789257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-49-53
Z. M. Kazachkova, Irina A. Cheremnykh
The subject of the research is presented by actual problems of digital taxation both at the international level and at the level of individual countries. Particular attention is paid to foreign experience, as well as to the OECD proposals for reforming the tax system due to rapid digitalization of the economy. The practical significance of the research lies in considering the prospects for the unilateral introduction of a digital tax in the Russian Federation and a presentation of the optimal model of digital taxation for our country.
{"title":"Problems of Establishment of the Optimal Digital Taxation Model in the Paradigm of Competition between Tax Jurisdictions","authors":"Z. M. Kazachkova, Irina A. Cheremnykh","doi":"10.18572/1811-1475-2023-1-49-53","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-49-53","url":null,"abstract":"The subject of the research is presented by actual problems of digital taxation both at the international level and at the level of individual countries. Particular attention is paid to foreign experience, as well as to the OECD proposals for reforming the tax system due to rapid digitalization of the economy. The practical significance of the research lies in considering the prospects for the unilateral introduction of a digital tax in the Russian Federation and a presentation of the optimal model of digital taxation for our country.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122021098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-14-20
A. Fedorov
The article is devoted to the issues of investigation and judicial review of crimes committed during the Great Patriotic War by the Nazis and their accomplices in the occupied territories of the Soviet Union. The article provides data on the activities of the investigating authorities to investigate fascist atrocities against the civilian population and prisoners of war in the occupied territories, considers the circumstances that allow qualifying these atrocities as the genocide of the Soviet people, analyzes court decisions on the recognition of facts of legal significance, namely, the recognition of newly revealed crimes of genocide of national, ethnic and racial groups representing the population of the USSR — the peoples of the Soviet Union.
{"title":"Genocide of the Soviet People in the Years of the Great Patriotic War: The Investigative and Judicial Practice","authors":"A. Fedorov","doi":"10.18572/1811-1475-2023-1-14-20","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-14-20","url":null,"abstract":"The article is devoted to the issues of investigation and judicial review of crimes committed during the Great Patriotic War by the Nazis and their accomplices in the occupied territories of the Soviet Union. The article provides data on the activities of the investigating authorities to investigate fascist atrocities against the civilian population and prisoners of war in the occupied territories, considers the circumstances that allow qualifying these atrocities as the genocide of the Soviet people, analyzes court decisions on the recognition of facts of legal significance, namely, the recognition of newly revealed crimes of genocide of national, ethnic and racial groups representing the population of the USSR — the peoples of the Soviet Union.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129920334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-43-48
Pavel E. Fedorov
In the article, the author analyzes the institution of sanctioning by the federal Treasury of personal account expenses to pay for transactions of the head executor (executor), in the field of state defense order. The concept of treasury support is briefly analyzed. Examples of expenditure obligations of the military-industrial complex organization are considered, in relation to the items of the nomenclature of general production and general economic overhead expenses.
{"title":"On Sanctioning of Some Types of Expenses Borne by Parties to Treasury Support of a State Defense Order","authors":"Pavel E. Fedorov","doi":"10.18572/1811-1475-2023-1-43-48","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-43-48","url":null,"abstract":"In the article, the author analyzes the institution of sanctioning by the federal Treasury of personal account expenses to pay for transactions of the head executor (executor), in the field of state defense order. The concept of treasury support is briefly analyzed. Examples of expenditure obligations of the military-industrial complex organization are considered, in relation to the items of the nomenclature of general production and general economic overhead expenses.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134229115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-33-38
V. A. Mayboroda
In the article, on the basis of a systematic analysis of antimonopoly, land and urban planning legislation, a justification is put forward for consideration as an object of economic concentration of actors of urban planning relations, endowed by law with the opportunity to fix limit parameters in urban planning regulations, or endowed by law with the possibility of their change.
{"title":"Ultimate Parameters of Permitted Construction from the Standpoint of Determination of the Object of Economic Concentration","authors":"V. A. Mayboroda","doi":"10.18572/1811-1475-2023-1-33-38","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-33-38","url":null,"abstract":"In the article, on the basis of a systematic analysis of antimonopoly, land and urban planning legislation, a justification is put forward for consideration as an object of economic concentration of actors of urban planning relations, endowed by law with the opportunity to fix limit parameters in urban planning regulations, or endowed by law with the possibility of their change.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121674495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-26DOI: 10.18572/1811-1475-2023-1-39-42
Dmitry A. Malbin
Article 302 of the Civil Code of the Russian Federation protects the acquirer, who did not know and could not know about the alienator’s illegality when acquiring the thing. Knowledge of the rights of the alienator to the thing is one of the conditions for the protection of the acquirer. At the same time, the question of the volume and content of the acquirer’s knowledge for qualifying it as conscientious is debatable. The article proposes to proceed from the fact that in order to recognize the acquirer as good faith, it is sufficient to have no doubts about the legal basis for acquiring the rights of the alienator to the thing. The imposition on the acquirer of the burden of verifying the powers of the person from whom the alienator acquired the thing is an excessive burden for an ordinary participant in civil turnover. With regard to real estate, the acquirer must be considered good faith if the alienator’s right is registered in the state register of real estate, unless the acquirer is aware of the justified claims of third parties in relation to the real estate object.
{"title":"Challenging Issues of Knowledge of a Good Faith Acquirer on the Absence of Authorities of the Transferor","authors":"Dmitry A. Malbin","doi":"10.18572/1811-1475-2023-1-39-42","DOIUrl":"https://doi.org/10.18572/1811-1475-2023-1-39-42","url":null,"abstract":"Article 302 of the Civil Code of the Russian Federation protects the acquirer, who did not know and could not know about the alienator’s illegality when acquiring the thing. Knowledge of the rights of the alienator to the thing is one of the conditions for the protection of the acquirer. At the same time, the question of the volume and content of the acquirer’s knowledge for qualifying it as conscientious is debatable. The article proposes to proceed from the fact that in order to recognize the acquirer as good faith, it is sufficient to have no doubts about the legal basis for acquiring the rights of the alienator to the thing. The imposition on the acquirer of the burden of verifying the powers of the person from whom the alienator acquired the thing is an excessive burden for an ordinary participant in civil turnover. With regard to real estate, the acquirer must be considered good faith if the alienator’s right is registered in the state register of real estate, unless the acquirer is aware of the justified claims of third parties in relation to the real estate object.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121464503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-29DOI: 10.18572/1811-1475-2020-4-18-23
A. Fedorov
The article is dedicated to issues of criminal liability of legal entities. Criminal sanctions applicable to legal entities including measures of criminal punishment are reviewed. It is noted that where a death penalty (deprivation of life) is the supreme measure of punishment for individuals, the supreme measure of punishment for legal entities is liquidation of a legal entity, its death penalty in fact, which manifests itself in the loss of the legal capacity. Attention is paid to the fact that punishment in form of liquidation is usually imposed in cases when the activities of a legal entity were in general or to a great extent aimed at committing of criminal acts or when the seriousness of a committed crime makes it impossible to preserve a legal entity and continue its activities. It is noted that court may impose other punishments in addition to liquidation of a legal entity, for example, property seizure or a fine. The author gives examples of application of liquidation of a legal entity as a criminal punishment abroad. It is stated that in some countries it is possible to bring a legal entity to the criminal liability after winding up (loss of the legal capacity). Attention is focused on the fact that while death of an individual makes criminal prosecution impossible, loss of the legal capacity ("death" of a legal entity) should not exclude the criminal liability, as self-liquidation may for example be one of the ways of evasion from criminal liability by a legal entity. Conclusion is made that study of the foreign experience of introduction of the criminal liability of legal entities including application of such criminal sanction as liquidation of a legal entity and the establishment of the regulatory procedure for the criminal liability of a legal entity after winding up (loss of the legal capacity) is more than of theoretical interest only, as there are objective prerequisites for the introduction of the criminal liability of legal entities in the Russian Federation and study of foreign laws in the indicated sphere is important for the development of the Russian theory of the criminal liability of legal entities and drafting of the corresponding amendments to the Russian criminal laws.
{"title":"Death Penalty (Liquidation) of a Legal Entity as a Criminal Punishment and Bringing of a Legal Entity to the Criminal Liability after Winding up: Foreign Experience","authors":"A. Fedorov","doi":"10.18572/1811-1475-2020-4-18-23","DOIUrl":"https://doi.org/10.18572/1811-1475-2020-4-18-23","url":null,"abstract":"The article is dedicated to issues of criminal liability of legal entities. Criminal sanctions applicable to legal entities including measures of criminal punishment are reviewed. It is noted that where a death penalty (deprivation of life) is the supreme measure of punishment for individuals, the supreme measure of punishment for legal entities is liquidation of a legal entity, its death penalty in fact, which manifests itself in the loss of the legal capacity. Attention is paid to the fact that punishment in form of liquidation is usually imposed in cases when the activities of a legal entity were in general or to a great extent aimed at committing of criminal acts or when the seriousness of a committed crime makes it impossible to preserve a legal entity and continue its activities. It is noted that court may impose other punishments in addition to liquidation of a legal entity, for example, property seizure or a fine. The author gives examples of application of liquidation of a legal entity as a criminal punishment abroad. It is stated that in some countries it is possible to bring a legal entity to the criminal liability after winding up (loss of the legal capacity). Attention is focused on the fact that while death of an individual makes criminal prosecution impossible, loss of the legal capacity (\"death\" of a legal entity) should not exclude the criminal liability, as self-liquidation may for example be one of the ways of evasion from criminal liability by a legal entity. Conclusion is made that study of the foreign experience of introduction of the criminal liability of legal entities including application of such criminal sanction as liquidation of a legal entity and the establishment of the regulatory procedure for the criminal liability of a legal entity after winding up (loss of the legal capacity) is more than of theoretical interest only, as there are objective prerequisites for the introduction of the criminal liability of legal entities in the Russian Federation and study of foreign laws in the indicated sphere is important for the development of the Russian theory of the criminal liability of legal entities and drafting of the corresponding amendments to the Russian criminal laws.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133674765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-03DOI: 10.18572/1811-1475-2019-9-24-26
A. Fedorov
The article is devoted to challenging aspects of modern corruption combating and the evaluation of the efficiency of Russian laws securing due combating of corruption of legal entities.
本文致力于现代反腐败斗争的挑战方面和俄罗斯法律确保适当打击法人腐败的效率的评价。
{"title":"Relevant Issues of Corruption Combating","authors":"A. Fedorov","doi":"10.18572/1811-1475-2019-9-24-26","DOIUrl":"https://doi.org/10.18572/1811-1475-2019-9-24-26","url":null,"abstract":"The article is devoted to challenging aspects of modern corruption combating and the evaluation of the efficiency of Russian laws securing due combating of corruption of legal entities.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128527713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：