Question at hand
Reference:
Belikova K.M.
Theoretical, legal, and economic aspects of the development of shared ownership in the conditions of networkization
// Law and Politics.
2021. ¹ 7.
P. 1-15.
DOI: 10.7256/2454-0706.2021.7.35881 URL: https://en.nbpublish.com/library_read_article.php?id=35881
Abstract:
The subject of this research is the theoretical, legal, and economic aspects of the development of shared ownership in the conditions of networkization in the context of its possible impact upon the institution of ownership. Along with studying the opposite views on this process and specific examples of its functioning, the author demonstrates that the intensity of the development of shared ownership depends on the change in the attitude of market participants (producers and consumers) to the range, quality and lifetime of products, as well as that cost-effectiveness of shared ownership results from intensified utilization of material resources through the use of digital technologies. The relevance, theoretical and practical significance of this research are substantiated that the existing idea of shared ownership received a new boost, which requires determining the legal consequences of this process. The acquired results indicate that in the digital environment (via online services), shared ownership is the coordinated interaction of equal participants to receive (provide) or share access to goods and services, and should be qualified as a short-term lease, which due to lack of conformity to generally accepted standards and individual preferences of the consumers requires legal protection of the parties to the process.
Keywords:
consumers, peer-to-peer, short-term rental relations, rent, ownership rights, property, sharing economy, networking, standardization, customization
Question at hand
Reference:
Konopiy A.S., Borisov B.A.
Legal policy of the Russian Federation and the People's Republic of China in the area of digitalization of national currency
// Law and Politics.
2021. ¹ 7.
P. 16-26.
DOI: 10.7256/2454-0706.2021.7.35968 URL: https://en.nbpublish.com/library_read_article.php?id=35968
Abstract:
The subject of this research is digital national currencies of the People's Republic of China and the Russian Federation. The advent of the new digital era entails inevitable, objectively dictated digital transformations of all spheres of social life. The financial and banking sector in Russia, China, and other countries, is in need for legislative-digital regulation by implementing digital fiat currency. One of the most promising vectors of development is the creation and introduction of new forms of currencies into circulation, which would be recognized by public authority as a legal means of payment, as well as subject to effective oversight by government bodies. The novelty of this research lies in the comparative legal analysis of the experience, as well as the stages of implementation of digital national currency in the Russian Federation and the People's Republic of China. The article raised a pressing issue on feasibility of introducing digital ruble into the Russian reality, and thus, discusses successful experience of the Chinese government that a millennium ago was first to invent paper currency, and now is one of the world leaders to introduce digital currency alongside cash money. The concept of “digital currency” is often identified with cryptocurrencies and payment systems, which prompted the authors to conduct a comparative analysis of these terms. The analysis of Russian and Chinese legislation in the area of digital currency, as well as the established practice of implementing a new monetary form into the country’s economy, allowed outlining the pros and cons of such innovation.
Keywords:
Central Bank of the Russian Federation, the national currency of China, digital yuan, digitalization of the economy, financial law, digitalization, digital currency, digital ruble, People's Bank of China, digital banking legislation
Practical law manual
Reference:
Fedyunin A.
On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice
// Law and Politics.
2021. ¹ 7.
P. 27-35.
DOI: 10.7256/2454-0706.2021.7.35974 URL: https://en.nbpublish.com/library_read_article.php?id=35974
Abstract:
The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.
Keywords:
exclusive jurisdiction, imprisonment, execution of the sentence, foreign citizens, jurisdiction, transfer of convicts, protection of rights, territorial jurisdiction, criminal procedural law, criminal procedure
Transformation of legal and political systems
Reference:
Riekkinen M.
On the constitutional legal consolidation of the principles of egalitarian education in Russia and Finland
// Law and Politics.
2021. ¹ 7.
P. 36-47.
DOI: 10.7256/2454-0706.2021.7.36079 URL: https://en.nbpublish.com/library_read_article.php?id=36079
Abstract:
This article carries out a comparative legal analysis of the constitutional legal consolidation of the principles of egalitarian education in Russia and Finland. The majority of national education systems represent the so-called hybrid systems, in which egalitarian foundations coexist with certainty elitist elements. First and foremost, it is associated with the need to ensure practical orientation of education for maintaining competitiveness of the countries that are capable of inventing innovative technologies. The achievement of humanistic goals of education remains important. Articulating the problem of whether to allocate budgetary funds to support students with outstanding talent, or rather support those experiencing difficulties with access to education. The object of this research is the legal relations in the area of exercising the right to basic public education. The author’s special contribution consists in articulation of the problem of clarifying the social effectiveness of egalitarian and elitist models of education on the example of legislation of Russia and Finland. Leaning on the conceptual and international legal principles of equality in education, a comparative legal analysis is conducted on the constitutional legal consolidation of equal opportunities in receiving basic public education in Russia and Finland. It is noted that the differences in the structure of education system, mostly egalitarian in Finland and rather elitist in Russia, depend not only on the availability of resources, but also on the political choice of the past, present and oriented towards the future.
Keywords:
Constitution of Finland, elitist education, egalitarian education, equality of opportunity, rights of the child, Constitution of Russia, the right to education, availiability of education, Federal law on Education in Russia, non-discrimination
Law and order
Reference:
Derevyagina O.E.
Interpretation of certain aspects of criminal restriction of competition
// Law and Politics.
2021. ¹ 7.
P. 48-58.
DOI: 10.7256/2454-0706.2021.7.36074 URL: https://en.nbpublish.com/library_read_article.php?id=36074
Abstract:
The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.
Keywords:
subjective side, conspiracy, self-employed, limiting competition, competition, cartel agreement, income, antitrust law, criminal law prohibition, criminal law
International relations: interaction systems
Reference:
Skaridov A.
Limitation of liability for maritime claims in civil law of the People's Republic of China
// Law and Politics.
2021. ¹ 7.
P. 59-71.
DOI: 10.7256/2454-0706.2021.7.36104 URL: https://en.nbpublish.com/library_read_article.php?id=36104
Abstract:
This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.
Keywords:
chinese civil law, maritime silk road, sea transportation, maritime claims, limitation of liability, Northern Sea Route, merchant shipping code, carriage of goods by sea, China, civil liability
Stabilization systems: fiscal control
Reference:
Abrosimov A.V.
On the differences in the fundamentals of legal regulation of external and internal state financial control
// Law and Politics.
2021. ¹ 7.
P. 72-90.
DOI: 10.7256/2454-0706.2021.7.35698 URL: https://en.nbpublish.com/library_read_article.php?id=35698
Abstract:
This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the conceptual framework, as well as the main methods of regulation and organization of financial control.
Keywords:
legal regulation, Russian, control and accounting bodies, Accounts Chamber of Russia, supervision, financial control, public control, system, systematization, financial control conception