Actual Problems of Russian Law最新文献_第9页

Public Danger: Problems of Definition 公共危险:定义问题

Actual Problems of Russian Law Pub Date : 2023-05-18 DOI: 10.17803/1994-1471.2023.151.6.085-094

A.‑B. S. Ondar

引用次数: 0

Negative Consequences of Corruption in Public Procurement 公共采购腐败的负面影响

Actual Problems of Russian Law Pub Date : 2023-05-18 DOI: 10.17803/1994-1471.2023.151.6.018-028

M. A. Volkova

{"title":"Negative Consequences of Corruption in Public Procurement","authors":"M. A. Volkova","doi":"10.17803/1994-1471.2023.151.6.018-028","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.018-028","url":null,"abstract":"The subject matter of the study deals with the norms of national legislation on combating corruption and public procurement, as well as research works on the negative consequences of corruption in public procurement. The purpose of the study is to examine and systematize knowledge about the negative consequences of corruption in public procurement. The objectives of the study are: to examine provisions of national legislation on combating corruption in public procurement; interdisciplinary research of approaches to considering the consequences of corruption and its individual manifestations in public procurement; systematization of the negative consequences of corruption in public procurement using methods of grouping and typologization. In the course of the study, the author identified the normative prerequisites for the relevance of studying the issue posed. The analysis of the results of the research on the consequences of corruption and its individual manifestations in the field of public procurement allowed us to identify two groups of such consequences: internal and external. Economic, legal, social, political, moral and psychological negative consequences are identified using the method of typologization. When applying an interdisciplinary approach to the study of the negative consequences of the phenomenon under consideration, the author identified the industry-wide nature of such consequences, consisting in their harmful effects not only on the public procurement system itself, but also on other spheres of public life and, subsequently, on all major state and public mechanisms.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125768993","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}

引用次数: 0

The Concept of Family Business Legitimation in the Context of Private Law and Public Law Regulation 私法与公法规制背景下的家族企业合法化概念

Actual Problems of Russian Law Pub Date : 2023-05-16 DOI: 10.17803/1994-1471.2023.153.8.090-099

A. N. Levushkin

{"title":"The Concept of Family Business Legitimation in the Context of Private Law and Public Law Regulation","authors":"A. N. Levushkin","doi":"10.17803/1994-1471.2023.153.8.090-099","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.090-099","url":null,"abstract":"In the modern economic and legal model of social relations, family members take the most active and direct part in entrepreneurial legal relations, the essence of which is often reduced to the organization of business processes by spouses, children and other relatives within the framework of the concept of a family business form of entrepreneurship. We believe that this segment of economic-social and family entrepreneurship is quite significant from the point of view of the doctrine and practice-oriented direction of the implementation of the modern theory of entrepreneurship aimed at providing additional support for small and medium-sized businesses, quite often organized by means of family and legal ties, which does not exclude its application for large corporations and holdings. The paper proposes a modern concept of legitimation of family entrepreneurship through the prism of private law and public law regulation, substantiates the need for additional state support for this form of doing business, provides conclusions and some proposals for reforming legislation aimed at legalizing family entrepreneurship in Russia, publishes a memorandum on the current state and further implementation of measures to legalize family entrepreneurship in the post-reform period in Russia.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122101374","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}

引用次数: 0

Maintaining a Balance of Private and Public Interests in the Field of Digital Assets Confiscation: The United States Case 在数字资产没收领域保持私人和公共利益的平衡:美国案例

Actual Problems of Russian Law Pub Date : 2023-05-10 DOI: 10.17803/1994-1471.2023.151.6.134-141

M. Dolgieva

引用次数: 0

Community Law (Lex Communitas) as a Modern Stage in the Lex Mercatoria Development 社区法——墨卡托利亚法发展的一个现代阶段

Actual Problems of Russian Law Pub Date : 2023-05-04 DOI: 10.17803/1994-1471.2023.151.6.105-114

M. Mazhorina

{"title":"Community Law (Lex Communitas) as a Modern Stage in the Lex Mercatoria Development","authors":"M. Mazhorina","doi":"10.17803/1994-1471.2023.151.6.105-114","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.105-114","url":null,"abstract":"The concept of the medieval lex mercatoria is experiencing a renaissance in the context of the global spread of information and communication technologies and the scaling of cyberspace. Globalization was replaced by networkization, which gave rise to the phenomena of networks, network communities, network communications, and network law. The author has chosen an appropriate research angle — a look at the lex mercatoria through the prism of the current network world order. This led to the conceptualization of lex communitas as «community law», which is the main object of the study. Lex communitas is considered as a modern historical form of lex mercatoria, mediating the non-state rule-making of international professional communities, the multiplying functional subsystems of which include lex informatica, lex sportiva, lex constructionis, lex petrolea, lex proprietas intellectualis, lex cryptographia, sustainable business law (sustainable business law), etc. Affiliation with one or another professional community is the basis for the application of the norms of lex communitas. This approach, in a sense, opens up prospects for posing the problem of the grounds for legitimacy, of ways to legitimize the norms of non-state regulation in the subject area of private international law. The concept of lex communitas correlates with how the modern system of resolving cross-border private law disputes is being transformed, increasingly moving to an extrajudicial plane: from international commercial arbitration to platform and decentralized systems. The paper attempts to identify certain features of the current stage of development of the lex mercatoria, the quantitative composition of the norms of which is rapidly multiplying in parallel with the ongoing qualitative changes in the system of regulation of cross-border private law relations.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123728094","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}

引用次数: 0

Law in the Social Regulators System: Is its Future Cloudless? 社会监管体系中的法律:它的未来是无云的吗?

Actual Problems of Russian Law Pub Date : 2023-04-28 DOI: 10.17803/1994-1471.2023.152.7.011-026

T. V. Kashanina

{"title":"Law in the Social Regulators System: Is its Future Cloudless?","authors":"T. V. Kashanina","doi":"10.17803/1994-1471.2023.152.7.011-026","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.011-026","url":null,"abstract":"A developing system of social norms is based on such a criterion as a way of regulation or a way of ordering, normalizing and stabilizing the society. At the same time, an evolutionary key is used, i.e., the historical time of the appearance of a particular type of norms, which makes it possible to see how the relay race of social norms took place, to trace the entire path of development of social regulation. The society in its development has passed two epochs: the pre-state period (the era of the primitive system and the transition of society from anthropology gathering to production) and the state period that in turn, is divided into three stages: agrarian, industrial, post-industrial (information) society. In a pre-agrarian society, there were: 1) myths, 2) rituals, 3) ceremonies, 4) customs. The agrarian society enriched the mankind with such norms as: 5) traditions, 6) religious norms, 7) business habits. The industrial society consolidated: 8) legal norms, 9) political norms that declared themselves to the utmost. In the information society, the following norms become significant: 10) etiquette norms, 11) aesthetic norms, 12) moral standards.The author draws the following conclusions. The system of social regulators is quite extensive. In the process of economic transformation, the humanity has been developing more and more effective ways of regulation that correspond to social reality. Social norms did not arise simultaneously, but matured gradually accumulating their potential. In the future, when more progressive norms enter the arena of human existence, the previously arisen norms will not disappear, but will recede into the background and perform a secondary role in ordering the life of the society. Law today is the main means of regulation. However, law is by no means guaranteed a leading role in the future, since norms with a more powerful regulatory potential (for example, morality) have been created.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131263151","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}

引用次数: 0

The Principle of Citizens’ Participation in the Budget Process 预算过程中的公民参与原则

Actual Problems of Russian Law Pub Date : 2023-04-17 DOI: 10.17803/1994-1471.2023.152.7.054-061

O. Boltinova

{"title":"The Principle of Citizens’ Participation in the Budget Process","authors":"O. Boltinova","doi":"10.17803/1994-1471.2023.152.7.054-061","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.054-061","url":null,"abstract":"The paper explains the principle of citizens’ participation in the budget process in the context of the general principles of the budget system of the Russian Federation. Today, this principle is implemented in our country through the procedure of public hearings. They are held annually when the budget law is being developed, or during the period when a report on its implementation is being drafted. The author of the article points out that in the legislation there are special principles of the budget process applicable to budget-procedural activities and activities of public entities. In author’s opinion, the principle of citizens’ participation in the budget process should take a special place in the list of special principles of the budget process. In practice, in particular, the principle of citizens’ participation in the budget process is implemented through the launch of initiative budgeting programs. This is especially noticeable at the regional and municipal levels. The article traces the idea that the principle of citizens’ participation in the budget process is currently not fully implemented. Therefore, it is necessary to consolidate the legal norms providing for this principle at the legislative level.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130845992","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}

引用次数: 0

Environmental Lawmaking as Part of Social Planning 环境立法作为社会规划的一部分

Actual Problems of Russian Law Pub Date : 2023-04-13 DOI: 10.17803/1994-1471.2023.151.6.142-157

Yu.G. Shpakovsky, N. Zhavoronkova

{"title":"Environmental Lawmaking as Part of Social Planning","authors":"Yu.G. Shpakovsky, N. Zhavoronkova","doi":"10.17803/1994-1471.2023.151.6.142-157","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.142-157","url":null,"abstract":"The paper discusses the place and role of environmental lawmaking in the system of social and socio-economic planning. Planning is considered as an activity of special subjects in the field of ensuring a favorable environment, rational use of natural resources and ensuring environmental safety, carried out by legal means. The authors analyzed the «environmental lawmaking» that has taken place over the past decades and identified the main trends in its transformation. The main causes of the current state of environmental policy and legislative activity are investigated.It is shown that for our country, which has the most integral and organic system of strategic planning, the issue of increasing the efficiency of all types and forms of planning, but especially environmental or environmental-economic, is extremely important.It is substantiated that for further lawmaking in the field of environmental development and environmental safety, a new methodology for the preparation, adoption and implementation of legislation is needed. The growing fragmentation of environmental legislation, the allocation of more and more new «branches of environmental law» is becoming the biggest obstacle to meaningful and effective planning and law enforcement. It will take too much effort to «harmonize» the already adopted legislation and future acts built on the principle of «new problem — new industry».","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130216199","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}

引用次数: 0

Constitutional Law Responsibility of Candidates for Preliminary Election 预备选举候选人的宪法法律责任

Actual Problems of Russian Law Pub Date : 2023-04-11 DOI: 10.17803/1994-1471.2023.151.6.011-017

K. S. Mazurevsky

{"title":"Constitutional Law Responsibility of Candidates for Preliminary Election","authors":"K. S. Mazurevsky","doi":"10.17803/1994-1471.2023.151.6.011-017","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.011-017","url":null,"abstract":"The paper is devoted to the study of such a topical issue of modern political life in Russia as the procedure of preliminary election (primaries) by political parties. In particular, the author of the paper, using the example of intraparty regulation of the pre-election procedure by the All-Russian Political Party «Edinaya Rissia,» elucidates the issue of responsibility of the candidates at the primaries under constitutional law. The paper analyzes various grounds of responsibility of the candidates of the preliminary elections under constitutional law. The author proposes the classification of the grounds of liability into the grounds of a legal nature and the grounds of political nature. The paper examines such mechanisms of application of measures of constitutional law responsibility of candidates of preliminary elections as refusal to register candidates and exclusion from the list of candidates of primaries; their comparative legal analysis with similar institutions of electoral legislation is carried out. In addition, the paper explores specific features of the constitutional law responsibility of the candidates of the preliminary election and specifics of its application, including in comparison with the norms of election legislation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132738317","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}

引用次数: 0

Topical Issues of Legal Regulation of Tax Relations in the Context of the Use of artificial intelligence Technology 人工智能技术应用背景下税收关系法律规制的热点问题

Actual Problems of Russian Law Pub Date : 2023-04-06 DOI: 10.17803/1994-1471.2023.152.7.062-070

O. Lyutova

引用次数: 0