Pub Date : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-192-195
S. Ryvkin, G. Turov
He article discusses the features of investigative actions in the Arctic. The purpose of the study is to establish and identify the features of investigative actions in the Arctic zone of the Russian Federation. This is necessary for the quality of preliminary investigation of crimes committed in the Arctic territory in order to protect the rights and freedoms of citizens. Conclusions. As a result of this study, the authors propose: to create an independent investigatory management SK of the Russian Federation in the Arctic zone of the Russian Federation; to consider when carrying out search-educational, investigative and legal actions in the Arctic features climate-geographical, social, organizational, procedural and technical-criminalistic nature; to include in the composition of forces and means of using special icebreaker vessels, vessels of icebreaking type; to use the forensic technique of satellite communication; to attract specialists and experts from military units and also develop mobile criminal investigation groups; to form in educational institutions of legal profile, including in the Military University MO RF program on preparing and conducting inspections of the water surface and the mainland and archipelagos of permafrost, snow and ice cover, and investigations in the Arctic; when conducting inspections, use topographic, sea maps, satellites, balloons, unmanned aerial vehicles, and robotic equipment that allow for both discrete and conventional surveys; it is proposed to strengthen the forensic equipment of investigative units with positioning devices for determining coordinates by translating them from quasi-coordinates; use indirect methods of conducting investigative actions with reconstruction of the situation; use in verbal investigative actions telecommunications forensic software systems in the video conference format, using identity authentication tools.
{"title":"SPECIFIC FEATURES OF CONDUCTING INVESTIGATIVE ACTIONS IN THE ARCTIC","authors":"S. Ryvkin, G. Turov","doi":"10.33693/2072-3164-2020-13-6-192-195","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-192-195","url":null,"abstract":"He article discusses the features of investigative actions in the Arctic. The purpose of the study is to establish and identify the features of investigative actions in the Arctic zone of the Russian Federation. This is necessary for the quality of preliminary investigation of crimes committed in the Arctic territory in order to protect the rights and freedoms of citizens. Conclusions. As a result of this study, the authors propose: to create an independent investigatory management SK of the Russian Federation in the Arctic zone of the Russian Federation; to consider when carrying out search-educational, investigative and legal actions in the Arctic features climate-geographical, social, organizational, procedural and technical-criminalistic nature; to include in the composition of forces and means of using special icebreaker vessels, vessels of icebreaking type; to use the forensic technique of satellite communication; to attract specialists and experts from military units and also develop mobile criminal investigation groups; to form in educational institutions of legal profile, including in the Military University MO RF program on preparing and conducting inspections of the water surface and the mainland and archipelagos of permafrost, snow and ice cover, and investigations in the Arctic; when conducting inspections, use topographic, sea maps, satellites, balloons, unmanned aerial vehicles, and robotic equipment that allow for both discrete and conventional surveys; it is proposed to strengthen the forensic equipment of investigative units with positioning devices for determining coordinates by translating them from quasi-coordinates; use indirect methods of conducting investigative actions with reconstruction of the situation; use in verbal investigative actions telecommunications forensic software systems in the video conference format, using identity authentication tools.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125867536","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-49-54
Yu.S. SHpinev
Attracting investment in the real sector of the economy is currently an urgent task for any state. One of the most important areas of the economy of any state is agriculture. Currently, the process of of agriculture is beginning, as a result of which the productivity of the industry should significantly increase. The article deals with investment risks that are unique to the agro-industrial complex, which include both natural and economic risks. Objective: to identify the problems of legal regulation of investment relations in agriculture during its digitalization. To achieve this goal, scientific approaches to the issue of digitalization of agriculture are analyzed, investment policy in agriculture in developed countries is considered and compared with the state of domestic investment policy in the agro-industrial complex. Attention is drawn to the shortcomings of the legal regulation of investment relations in agriculture in Russia. In conclusion, it is concluded that until the main gaps in legal regulation are resolved (transparency of investment and stability of tax legislation, real benefits and compensation to investors and enterprises investing directly in e-agriculture, strict regulatory consolidation of the rules for using the latest scientific achievements and innovative technologies in agriculture, etc.), it will be quite problematic to attract private investors to this sector of the economy, and the difficult economic situation may prevent full digitalization only at the expense of public investment.
{"title":"INVESTMENTS IN AGRICULTURE AT DIGITALIZATION PERIOD: SITUATION ANALYSIS","authors":"Yu.S. SHpinev","doi":"10.33693/2072-3164-2020-13-6-49-54","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-49-54","url":null,"abstract":"Attracting investment in the real sector of the economy is currently an urgent task for any state. One of the most important areas of the economy of any state is agriculture. Currently, the process of of agriculture is beginning, as a result of which the productivity of the industry should significantly increase. The article deals with investment risks that are unique to the agro-industrial complex, which include both natural and economic risks. Objective: to identify the problems of legal regulation of investment relations in agriculture during its digitalization. To achieve this goal, scientific approaches to the issue of digitalization of agriculture are analyzed, investment policy in agriculture in developed countries is considered and compared with the state of domestic investment policy in the agro-industrial complex. Attention is drawn to the shortcomings of the legal regulation of investment relations in agriculture in Russia. In conclusion, it is concluded that until the main gaps in legal regulation are resolved (transparency of investment and stability of tax legislation, real benefits and compensation to investors and enterprises investing directly in e-agriculture, strict regulatory consolidation of the rules for using the latest scientific achievements and innovative technologies in agriculture, etc.), it will be quite problematic to attract private investors to this sector of the economy, and the difficult economic situation may prevent full digitalization only at the expense of public investment.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124127233","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-55-61
L. Cherkesova
The processes taking place in the modern world allow us to say that interstate integration is actively developing, and as a result, similar processes are observed in the sphere of law. In this regard, it is clear that there is a need to reflect and identify general trends in the transformation of Russian legislation under the influence of integration processes. This article attempts to identify the relationship between legal and economic integration, to determine the role and place of the EAEU integration processes in the ongoing changes in Russian business legislation, and to formulate proposals to improve the effectiveness of legal integration. First of all, it is necessary to understand the nature of the process, and the historical, legal and economic aspects of integration within the EAEU are monitored and analyzed. In addition, the results of a detailed analysis of both the regulatory component, in terms of the regulation of economic spheres, and the positions of a number of researchers of integration processes, which allowed to draw an unequivocal conclusion about the high degree of influence of the EAEU integration processes on the business legislation of the Russian Federation. Trends in the impact of the EAEU Court on legal integration and, as a result, on the transformation of Russian law have also been revealed. The opinion formulated proposals to improve the effectiveness of legal changes in the sphere of business law of Russia in connection with the integration processes of the EAEU, as well as the opinion on the need to consider the issue of giving the EAEU Court the power to resolve disputes of economic entities of the EAEU member states (international arbitration court). Attention is also drawn to the need for closer cooperation between national executive, legislative, judicial and law enforcement authorities.
{"title":"EAEU INTEGRATION PROCESSES AS A FACTOR INFLUENCING THE TRANSFORMATION OF RUSSIAN BUSINESS LEGISLATION","authors":"L. Cherkesova","doi":"10.33693/2072-3164-2020-13-6-55-61","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-55-61","url":null,"abstract":"The processes taking place in the modern world allow us to say that interstate integration is actively developing, and as a result, similar processes are observed in the sphere of law. In this regard, it is clear that there is a need to reflect and identify general trends in the transformation of Russian legislation under the influence of integration processes. This article attempts to identify the relationship between legal and economic integration, to determine the role and place of the EAEU integration processes in the ongoing changes in Russian business legislation, and to formulate proposals to improve the effectiveness of legal integration. First of all, it is necessary to understand the nature of the process, and the historical, legal and economic aspects of integration within the EAEU are monitored and analyzed. In addition, the results of a detailed analysis of both the regulatory component, in terms of the regulation of economic spheres, and the positions of a number of researchers of integration processes, which allowed to draw an unequivocal conclusion about the high degree of influence of the EAEU integration processes on the business legislation of the Russian Federation. Trends in the impact of the EAEU Court on legal integration and, as a result, on the transformation of Russian law have also been revealed. The opinion formulated proposals to improve the effectiveness of legal changes in the sphere of business law of Russia in connection with the integration processes of the EAEU, as well as the opinion on the need to consider the issue of giving the EAEU Court the power to resolve disputes of economic entities of the EAEU member states (international arbitration court). Attention is also drawn to the need for closer cooperation between national executive, legislative, judicial and law enforcement authorities.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"19 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131123647","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-151-155
Roman Komyagin
Today, it seems possible to state the presence of dualism within the general doctrine of the corpus delicti. In contrast to the «normative», the representatives of the objectivist approach consider the corpus delicti, along with the crime, as a real phenomenon. Namely, only a system of elements and signs embodied in objective reality can form the composition of a specific crime committed. The presented understanding makes it possible to determine the corpus delicti as the only basis for criminal liability, as well as to build the correlation between the crime and the corpus delicti as one-order categories. However, a detailed study and critical analysis of the works of scientists, representatives of this approach, allow us to point out a number of problems that indicate its theoretical incompleteness, and as a consequence, requiring study and improvement. As a result, the author of the article presents the key points in the evolution of scientific thought about the formation and development of an objectivist approach to understanding the corpus delicti from the end of the 19th to the beginning of the 21st century, allowing you to get a holistic view of its phenomenon, including both obvious and contradictory aspects. Subject of research: norms of the current criminal legislation, which are based on the category of corpus delicti, published scientific works (article, monographs) and educational materials devoted to the general doctrine of the corpus delicti. Purpose: the formation in the science of criminal law of a system understanding of the phenomenon of an objective approach to understanding the corpus delicti, its main provisions and controversial aspects, aimed at overcoming the existing and achieving a unified understanding of the corpus delicti. Conclusion: Since, within the framework of the objectivist approach, the corpus delicti, the elements and features that form its structure, are considered as real phenomena, it becomes possible to structure a specific crime, as well as to establish the basis of criminal liability. However, a number of provisions do not allow to recognize this vision of the corpus delicti as devoid of contradictions.
{"title":"THE PHENOMENON OF OBVIOUSNESS AND UNCERTAINTY OF AN OBJECTIVE APPROACH TO UNDERSTANDING THE CORPUS DELICTI THROUGH THE PRISM OF THE VIEWS OF SCIENTISTS OF THE LATE 19TH - EARLY 21ST CENTURIES","authors":"Roman Komyagin","doi":"10.33693/2072-3164-2020-13-6-151-155","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-151-155","url":null,"abstract":"Today, it seems possible to state the presence of dualism within the general doctrine of the corpus delicti. In contrast to the «normative», the representatives of the objectivist approach consider the corpus delicti, along with the crime, as a real phenomenon. Namely, only a system of elements and signs embodied in objective reality can form the composition of a specific crime committed. The presented understanding makes it possible to determine the corpus delicti as the only basis for criminal liability, as well as to build the correlation between the crime and the corpus delicti as one-order categories. However, a detailed study and critical analysis of the works of scientists, representatives of this approach, allow us to point out a number of problems that indicate its theoretical incompleteness, and as a consequence, requiring study and improvement. As a result, the author of the article presents the key points in the evolution of scientific thought about the formation and development of an objectivist approach to understanding the corpus delicti from the end of the 19th to the beginning of the 21st century, allowing you to get a holistic view of its phenomenon, including both obvious and contradictory aspects. Subject of research: norms of the current criminal legislation, which are based on the category of corpus delicti, published scientific works (article, monographs) and educational materials devoted to the general doctrine of the corpus delicti. Purpose: the formation in the science of criminal law of a system understanding of the phenomenon of an objective approach to understanding the corpus delicti, its main provisions and controversial aspects, aimed at overcoming the existing and achieving a unified understanding of the corpus delicti. Conclusion: Since, within the framework of the objectivist approach, the corpus delicti, the elements and features that form its structure, are considered as real phenomena, it becomes possible to structure a specific crime, as well as to establish the basis of criminal liability. However, a number of provisions do not allow to recognize this vision of the corpus delicti as devoid of contradictions.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130432966","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-93-97
A. Serebrennikova
The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.
{"title":"MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT","authors":"A. Serebrennikova","doi":"10.33693/2072-3164-2020-13-6-93-97","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-93-97","url":null,"abstract":"The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121111828","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-62-67
M. Borozdina
This legal study is an attempt by the author to conduct a full analysis of the Federal Law «On experimental legal regimes in the field of digital innovation in the Russian Federation», which has not yet entered into force, as well as his satellite laws introducing into the legal system experimental legal regimes in the face of regulatory sandboxes, in order to determine their impact and significance on the development of the industry of domestic business law, and, in particular, on the legislation of the Russian Federation on entrepreneurship. As a conclusion, it is noted that the Federal Law "On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation", as well as those acts that ensure the implementation of the objectives that it lays down (satellite laws and acts of state authorities, the creation of which is directly delegated by this federal law) are aimed not only at creating favorable conditions for the development of digital innovation in the Russian Federation, but also at developing the industry of domestic entrepreneurs. It is also noted that such development is also ensured by granting legal and regulatory powers, first of all, to the Government of the Russian Federation, as well as to a number of other federal executive bodies and executive bodies of the subjects of the Russian Federation, which in turn tells us about the increasing development of the concept of delegated lawmaking in our country, as well as localization and detailing of legal regulation in the spheres of economic activity depending on its specifics.
{"title":"REGULATORY SANDBOXES AND THEIR IMPACT ON THE BUSINESS LAW INDUSTRY OF THE RUSSIAN FEDERATION IN THE CONTEXT OF THEORETICAL AND PRACTICAL ASPECTS OF LEGAL EXPERIMENT","authors":"M. Borozdina","doi":"10.33693/2072-3164-2020-13-6-62-67","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-62-67","url":null,"abstract":"This legal study is an attempt by the author to conduct a full analysis of the Federal Law «On experimental legal regimes in the field of digital innovation in the Russian Federation», which has not yet entered into force, as well as his satellite laws introducing into the legal system experimental legal regimes in the face of regulatory sandboxes, in order to determine their impact and significance on the development of the industry of domestic business law, and, in particular, on the legislation of the Russian Federation on entrepreneurship. As a conclusion, it is noted that the Federal Law \"On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation\", as well as those acts that ensure the implementation of the objectives that it lays down (satellite laws and acts of state authorities, the creation of which is directly delegated by this federal law) are aimed not only at creating favorable conditions for the development of digital innovation in the Russian Federation, but also at developing the industry of domestic entrepreneurs. It is also noted that such development is also ensured by granting legal and regulatory powers, first of all, to the Government of the Russian Federation, as well as to a number of other federal executive bodies and executive bodies of the subjects of the Russian Federation, which in turn tells us about the increasing development of the concept of delegated lawmaking in our country, as well as localization and detailing of legal regulation in the spheres of economic activity depending on its specifics.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125792543","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 : 2020-11-30DOI: 10.33693/2072-3164-2020-13-6-38-48
K. Belikova
The article examines the theoretical issues of implementing of social commerce through the prism of legal risk assessment of consumers involved, where social commerce is understood as electronic sales (e-commerce) using social networks to support social interactions and user participation on the principle of “words spread from mouth to mouth”. Among these risks the author points out the problem of obtaining complete and reliable objective (neutral) information from various sources (bloggers, influencers, etc.), which causes concerns similar to those that arise in connection with the functioning and application of smart contracts in the blockchain, and the danger of concluding contracts that have traditionally been qualified by many legal systems as “contracts concluded on the go” (impulse buying) in the light of the idea that social commerce is positioned as being aimed at instant gratification of the user's needs, desires, and interests that have arisen during the use of the social network. Legal and other ways to overcome these risks are considered (for example, the possibilities of a new subscription economy, etc. Scientific novelty is determined by the goal of the article itself and the range of issues under consideration. The conclusions reached by the author are, in particular, that it is established that if the requirements for advertising placed online relate to its completeness, reliability and objectivity, fix measures of responsibility for advertisers, then the rules for conducting online trading and commerce include simultaneously with such provisions prohibitions of unfair practices and misleading advertising, as well as criteria for their qualification, etc.
{"title":"THE STUDY OF THE THEORETICAL ISSUES OF IMPLEMENTATION OF SOCIAL COMMERCE: LEGAL OPINION ON THE RISKS FOR THE CONSUMER","authors":"K. Belikova","doi":"10.33693/2072-3164-2020-13-6-38-48","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-6-38-48","url":null,"abstract":"The article examines the theoretical issues of implementing of social commerce through the prism of legal risk assessment of consumers involved, where social commerce is understood as electronic sales (e-commerce) using social networks to support social interactions and user participation on the principle of “words spread from mouth to mouth”. Among these risks the author points out the problem of obtaining complete and reliable objective (neutral) information from various sources (bloggers, influencers, etc.), which causes concerns similar to those that arise in connection with the functioning and application of smart contracts in the blockchain, and the danger of concluding contracts that have traditionally been qualified by many legal systems as “contracts concluded on the go” (impulse buying) in the light of the idea that social commerce is positioned as being aimed at instant gratification of the user's needs, desires, and interests that have arisen during the use of the social network. Legal and other ways to overcome these risks are considered (for example, the possibilities of a new subscription economy, etc. Scientific novelty is determined by the goal of the article itself and the range of issues under consideration. The conclusions reached by the author are, in particular, that it is established that if the requirements for advertising placed online relate to its completeness, reliability and objectivity, fix measures of responsibility for advertisers, then the rules for conducting online trading and commerce include simultaneously with such provisions prohibitions of unfair practices and misleading advertising, as well as criteria for their qualification, etc.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"3686 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126848424","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 : 2020-09-30DOI: 10.33693/2072-3164-2020-13-5-030-037
Yu.S. SHpinev
Attracting investment in the real sector of the economy is currently an urgent task for any state. To solve this problem in our country, it is necessary, among other things, to develop transparent investment legislation, including unambiguously defining the concept of investment. The article examines the nature and distinctive features of the term as a special unit of language, as well as the relationship between the term and the concept. Objective: to identify the relationship between the term and the concept of relative in three areas: in General, in linguistics, in law, and directly in relation to investment. To achieve this goal, scientific approaches to this problem are analyzed by linguists and it is concluded that in modern research, the term is understood as a word or phrase denoting the concept of a special field of knowledge or activity. Attention is drawn to the existence of different opinions about the relationship between a legal term and a legal concept, and it is also noted that despite some peculiarities, the General knowledge about terms and concepts obtained and formulated by linguists fully applies to legal concepts and terms. Analyzing the concept of investment, as well as the use of the term investment in current laws and scientific reports, the author concludes that to date, neither regulatory documents nor the scientific community has developed a unified approach to the concept of investment. In conclusion, as one of the directions for understanding investment, we offer a more detailed consideration of investment at the time of its origin and formation, during the English industrial revolution.
{"title":"INVESTMENT: THE TERM AND CONCEPT","authors":"Yu.S. SHpinev","doi":"10.33693/2072-3164-2020-13-5-030-037","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-5-030-037","url":null,"abstract":"Attracting investment in the real sector of the economy is currently an urgent task for any state. To solve this problem in our country, it is necessary, among other things, to develop transparent investment legislation, including unambiguously defining the concept of investment. The article examines the nature and distinctive features of the term as a special unit of language, as well as the relationship between the term and the concept. Objective: to identify the relationship between the term and the concept of relative in three areas: in General, in linguistics, in law, and directly in relation to investment. To achieve this goal, scientific approaches to this problem are analyzed by linguists and it is concluded that in modern research, the term is understood as a word or phrase denoting the concept of a special field of knowledge or activity. Attention is drawn to the existence of different opinions about the relationship between a legal term and a legal concept, and it is also noted that despite some peculiarities, the General knowledge about terms and concepts obtained and formulated by linguists fully applies to legal concepts and terms. Analyzing the concept of investment, as well as the use of the term investment in current laws and scientific reports, the author concludes that to date, neither regulatory documents nor the scientific community has developed a unified approach to the concept of investment. In conclusion, as one of the directions for understanding investment, we offer a more detailed consideration of investment at the time of its origin and formation, during the English industrial revolution.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133559604","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 : 2020-05-30DOI: 10.33693/2072-3164-2020-13-3-079-084
E. S. Salina
1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.
{"title":"PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS","authors":"E. S. Salina","doi":"10.33693/2072-3164-2020-13-3-079-084","DOIUrl":"https://doi.org/10.33693/2072-3164-2020-13-3-079-084","url":null,"abstract":"1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134199216","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}
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