{"title":"Regulatory Impact Assessment and Risks in Law: Experience of Russia and Continental Europe","authors":"Yuru Arzamasov","doi":"10.17323/2072-8166.2019.5.4.31","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.5.4.31","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"27 1","pages":"4-31"},"PeriodicalIF":0.3,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76678984","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}
{"title":"Alteration of Time Limits of Performance of Tax Liability in the Russian Tax and Customs Law","authors":"N. K. Aleksandr, A. Aleksandr","doi":"10.17323/2072-8166.2019.4.31.51","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.31.51","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"65 1","pages":"31-51"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89631864","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}
{"title":"Evolution and Cessation of the Existence of Customary Rules of International Law","authors":"Y. Romashev","doi":"10.17323/2072-8166.2019.4.122.143","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.122.143","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"5 1","pages":"122-143"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72527702","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}
{"title":"Legal Basis of Protection of Nature and the Role of Courts while Protecting Nature in Lithuania","authors":"Gintautas Danishauskas","doi":"10.17323/2072-8166.2019.4.208.221","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.208.221","url":null,"abstract":"It is commonly understood that nature has the biggest value for humanity. The article examines and analyzes the legal framework for nature conservation and issues related to state institutions including the judiciary’s role in protecting and preserving the environment and its individual objects. Also article analysis how courts contribute to the highest human values - the protection and enhancement of nature while administering justice. On nature and its resources depends what kind of economy we will have and develop in the future on state and global scale. While speaking about the economic issues O. Blanchard states that it is also important for everyone to know not only what to expect today, but what to expect in the future too. Since the nature and its objects are especially important human value for their protection the state institutions, inspections and judicial authority are mobilized as The Constitution of the Republic of Lithuania states that judicial authority works to protect the human rights. It means that the judicial power as well as other two powers is also responsible for nature protection as it is a right of all humans. The work also analyzes the statistics of nature protection and the executive’s contribution to the protection of nature. The topic is relevant because it examines the issue concerning not only a particular area of our social life, but also each one of us. In international and national acts of nature protection and in final decisions of courts reinforces the legal imperative of providing a regulatory framework for the protection of nature and also establishes the right for all subjects to use natural goods. This inevitably affects not only each one of us but also the whole society and the state. Although the topic of environmental protection is not basically new, there is no detailed examination about current legal framework and judicial significance for the protection of nature in Lithuanian researches. That is why this issue is not fully investigated and it can manifest only by the individual phrases without a specific study conclusions.","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"1 1","pages":"208-221"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72972340","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}
{"title":"Discretionary Nature of Administrative Act as a Circumstance Precluding Judicial Review of its Legality","authors":"Yuriy P. Solovey","doi":"10.17323/2072-8166.2019.4.72.99","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.72.99","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"107 1","pages":"72-99"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79317911","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}
{"title":"Digital Transformation in France: Legal Innovations","authors":"E. Talapina","doi":"10.17323/2072-8166.2019.4.164.184","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.164.184","url":null,"abstract":"In the article legislative regulation of the digitalization process in France as well as therelevant legal doctrine are analyzed. A research objective is a determination of the maincharacteristics of this process so as to compare with similar processes in the RussianFederation that the author does by means of general legal and comparative legal methods.The present period of the digital technologies application in France is connected with theplatform economy and uberisation having an impact on a legal status of citizens and theirrelationship with administration. Active development of the modern legislation devotedto the digital state is connected, firstly, with settlement of a movement of data. Theprinciple of openness by default mentioning the public data (data created by authorities)and general interest data (data on administrative contracts, subventions) is established.Authorities are obliged to publish these data online in the open data format. Secondly, thedigital State takes care of regulation of the human rights protection in digital society; it isbased on the principle of the Internet neutrality. Strengthening of consumer protectionis promoted by data portability and platform loyalty which suppliers of Internet servicesare obliged to provide. As the European General Data Protection Regulation 2016/679was adopted, it is implemented in the French legislation by means of a big number ofthe norms including specifying procedures of protection of the personal data rightsowners. Thirdly, access to digital technologies is differentiated. The French legislationwas enriched with the right to the Internet, but also provided this right with obligationsof the State, having introduced the state financial aid concerning payment of Internetservices costs by analogy with utility costs. The main conclusion of the conductedresearch consists in complexity of the legislation reforming for rapid implementation ofdigital technologies to the most different spheres of life. At the same time France is closelyinvolved in the common European process and aimed on the international cooperationin this sphere. Among comparative legal key reference points are useful to Russia, forexample, is one concerning personal data protection. With that the research showed thatthere are spheres in which Russia is quite well developing (for example, digitalisation ofpublic services).","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"73 1","pages":"164-184"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86251999","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}
{"title":"Twists and Turns in Implementation of Subsidiarity in the European Union","authors":"O. Pimenova","doi":"10.17323/2072-8166.2019.4.144.163","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.144.163","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"7 1","pages":"144-163"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75922337","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}
{"title":"France: to Digital Democracy","authors":"A. Pilipenko","doi":"10.17323/2072-8166.2019.4.185.207","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.185.207","url":null,"abstract":"The article, using the example of France, a country with a rich democratic historyand tradition, examines the process of transformation of the concept and the role ofdemocracy in the digital revolution. In this context, the object of the study was new ideasin assessing democracy and their refraction in the legislative activity of the parliamentand implementation by the executive branch, as well as their impact on the rights andfreedoms of the individual. The purpose of the work is to find an answer to the question ofhow traditional forms of democracy and their perception in the public mind correspond tothe realities of our days. This defines its main tasks - identifying the effects of digitalizationon democracy, their impact on democratic institutions and processes. To implementthe tasks set, both general scientific research methods (logical, historical, systemic)and special methods were used: formal legal, comparative legal methods, and theinterpretation of law. For specialists who advocate the concept of “digital democracy”, itsimplementation opens up new prospects for the establishment of true democracy, wheredirect forms of its implementation, citizen participation in decision-making at all levelsof government are expanding. There are other points of view, the essence of which is todeny the significant effects of digitalization on democracy. Moreover, its State reforms inFrance attach particular importance to the “figure”, which, according to their initiators,will generally strengthen the country’s democratic institutions. The figure appears in thetitle of the work of the working groups on the parliamentary reform, in the laws adoptedby it, which allocated and subjected to legal regulation of areas of activity, especially those affected by digitalization. negative consequences are emphasized: cybercrime,dehumanization of society, human exclusion. The article outlines a number of problemsthat digitalization poses for democracy and its main subject and object - the person.Indeed, digitalization opens up unprecedented opportunities, but does it fundamentallychange the nature and nature of the relationship between “managers” and “governed”(L. Duguit). All these issues were the subject of analysis in this article.","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"37 1","pages":"185-207"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82128910","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}