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Проект федерального закона «Об обороте роботов, их составных частей (модулей)»

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Abstract
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Objective: to develop a draft of a federal law aimed at regulating relations arising in the field of use (application), acquisition, sale, development, production, testing, installation, maintenance, repair, disposal, accounting, storage, transportation, withdrawal, and destruction of robots and their components (modules), importing robots and their components (modules) to the Russian Federation and exporting them from the Russian Federation.Methods: the methodological basis of the draft federal law consists of general and specific scientific methods of scientific cognition, including analysis, synthesis, deduction, induction, classification, analogy and comparison. Results: the first draft law on robotics in the Russian Federation - the draft federal law “On the turnover of robots and their components (modules)” - has been proposed to the attention of representatives of law-making bodies, government agencies, scientific and business community, and public organizations.Scientific novelty: the draft law forms the legal basis and principles of legal regulation of relations in the sphere of turnover of robots and their components (modules), describes the types and classes of danger of robots, stipulates the restrictions imposed on robots and their components (modules), defines the general and special requirements for them, establishes the basis for state registration and accounting of entities engaged in the sphere of turnover of robots and their components (modules), introduces the criteria for acquiring the status of a subject, the procedure for publishing and maintaining the state cadastre of robot models and their components (modules), and the guarantees provided to legal entities and individual entrepreneurs - the subjects engaged in certain types of activities in the sphere of turnover of robots and their components (modules), and proposes the measures of their state support.Practical significance: the draft law is based on a systematic and comprehensive approach to the legal regulation of robotics and is aimed at creating a regulatory environment providing a favorable legal regime for the robotics development and for the implementation of economic activities related to its use.

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  • Research Article
  • 10.17803/1729-5920.2022.193.12.043-051
Territorial Structure of Municipal Government at the Present Stage
  • Dec 21, 2022
  • Lex Russica
  • E P Zabelina

The paper analyzes federal constitutional laws concerning the entry into the Russian Federation of its new constituent entities — Donetsk and Lugansk People’s Republics, Zaporozhye and Kherson regions — in terms of regulating territorial organization of local self-government. The author analyzes upcoming transformations, makes and justifies proposals regarding the need to expand the system of municipalities in new constituent entitties of the Russian Federation by including settlements as its local self-government territories. The implementation of such a provision will comply with Federal Law No. 131-FZ dated 06.10.2003 «On General Principles of Organization of Local Self-Government in the Russian Federation» and will allow the population of rural and other settlements to participate more actively in local self-government.The paper describes the principles of the territorial basis of local self-government and clarifies the possibilities of their preservation in the conditions of the ongoing transformations of local self-government, due to the introduction of amendments to the Constitution of the Russian Federation in 2020. The author characterizes the procedures fixed in the legislation for ensuring changes in the boundaries of municipalities, transformation and abolition of municipalities, analyzes the norms of relevant laws of constituent entitties of the Russian Federation and municipal legal acts specifying the procedure for solving territorial issues of local self-government, illustrates the process of consolidation of municipalities on the example of the Moscow region. It is noted that in the Russian Federation there is a three-level legal regulation of the municipal-territorial structure, including federal and regional legislation and municipal legal acts. This makes it possible to determine substantive powers of public authorities in this area of local self-government and establish the procedure for their enforcement. Taking into account the results obtained, draft Federal Law No. 40361-8 «On general principles of organization of local self-government in the unified system of public authority» is analyzed in order to identify the degree of stability of the existing system of territorial organization of local self-government. The author summarizes that adoption of the enactment under consideration will not entail significant changes, its principles and will not change the procedure for resolving issues of territorial organization of municipal power.

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  • Cite Count Icon 12
  • 10.15688/lc.jvolsu.2021.2.20
Retail Investment Financing Via Remote Digital Computer Algorithm
  • Jul 1, 2021
  • Legal Concept
  • Denis Matytsin

Introduction: in the paper, the author examines the activities of the Russian legislators on the formation of the legal regulation of the investment segment of the economy in order to identify their mistakes and shortcomings, as well as to justify the recommendations for fixing viable legal structures in the legislation. Such legitimate structures could be used by a wide range of individual investors-individuals – as part of their decision to diversify monetary investments in order to increase household savings for a period of 1 year or more. Methodology: the digital computer algorithms of inter-network interaction for placement and attraction of investments, their speed and independence from distance are perceived by entrepreneurs with great hope for success and attract more and more attention from investors. According to the author of the paper, by 2024, the financial digital technologies can replace up to 38% of traditional banking and payment transactions, up to 32% of insurance transactions, transactions for financing foreign trade transactions, and transactions for asset management. Based on the materialist worldview, the universal method of historical materialism, the author used the general scientific and specific scientific methods for the study, which made it possible to implement a systematic approach to the subject of research. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, empirical description. The research also uses the specific scientific methods: dogmatic, comparative-legal, hermeneutic, structural-functional, etc. The scientific development of the material is carried out on the basis of a set of normative and doctrinal sources. The paper uses the federal laws and other normative acts of the Russian Federation. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation”, Draft Federal Law No. 419090-7 “On Alternative Methods of Attracting Investments (Crowdfunding)”, and certain provisions of the Civil Code of the Russian Federation were studied. Draft Law No. 419059-7 “On Digital Financial Assets” of March 20, 2018, and Federal Law No. 34-FZ of March 18, 2019 “On Amendments to Parts One, Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation” were critically analyzed. The doctrinal sources are represented by the scientific publications of the Russian legal scholars and economists, including: A.O. Inshakova, A.E. Kalinina, A.I. Goncharov, M.V. Goncharova, O.P. Kazachenok, E.E. Frolova, etc. Results: the Internet investing provides an opportunity to obtain funding for the implementation of a publicly announced project relatively quickly and without bureaucratization. The absence of the geographical and distance restrictions is a special advantage of investing on the Internet platforms, compared to other tools for raising capital from a wide range of investors, including individuals. This remote Internet algorithm for retail investment financing allows you to attract capital at a price that corresponds to the profitability of projects and, as a rule, is lower than the average bank interest rate for a loan. Conclusions: the conclusions and assessments on the content of the new Russian legislation are formulated. Based on the critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of a special algorithm for remote investments from a wide range of subjects, as well as the tools for remote interaction of investors and investment organizers in the Internet space of modern Russia.

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  • 10.52468/2542-1514.2022.6(4).149-161
Legal regulation of counteraction to domestic violence in Russia and Germany: comparative analysis
  • Dec 25, 2022
  • Law Enforcement Review
  • T V Prikhodko

The subject. The article considers a study of regulation of countering domestic violence in Russia and Germany. The author investigates the draft of Russian federal law "On the prevention of domestic crimes" No. 1183390-6 and the law of Germany "On civil protection from acts of violence and persecution" as well as federal and lands’ legislation in this sphere. Purpose of the study. The comparative study aims to identify the reasons for the draft’s unviability in Russian Federation, in particular, and to search for legislative opportunities to solve the domestic crime’s problems in Russia, in general.Methodology. The article is based on the comparative legal method. Due to this method, the article describes the legal protections against domestic violence in Russia and Germany (at the level of the federation and states), the advantages and disadvantages of each system.The main results. The legal measures in Germany as well as the draft federal law in the Russian Federation contain protective measures that can be applied by police and court. The main feature of German measures from Russian ones is the possibility of temporary violator’s ejection from the occupied housing by issuing a judicial or police order. The simplicity of the procedure allows а victim to receive effective help at any time, even at night and on non-working days. The article analyses the allowability of these measures to the offender from the point of view of basic rights’ interference; notes the position of the Federal Constitutional Court of Germany about the police order on temporary eviction: the residence ejection is allowable only when the measure aims at preventing criminal acts. The article draws attention to the technique’ defects of the Russian draft federal law "On the prevention of domestic crimes" No. 1183390-6, which require correction in order to improve the domestic violence’ counteraction in Russia.Сonclusions. It is concluded that in the Russian Federation it is necessary to differentiate heterogeneous phenomena in the law, such as victim’s protection from domestic violence and preventive family relationships’ measures, unreasonably mixed together in the draft federal law "On the prevention of domestic crimes" No. 1183390-6. Besides the law about victim’s protection from acts of violence and persecution should include significant consequences exactly for the violator. In this regard, the German multi-level protection system consisting of police protective measures, preliminary judicial measures as well as judicial measures can be applied. German practice makes it possible to react quickly to an act of domestic violence and provide the necessary victim’s support. The experience of applying the police order on the temporary eviction in Germany as well as violator rights’ interference may be appropriate for use in Russia.

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  • 10.33693/2072-3164-2024-17-3-105-111
Regulation of Lawmaking in the Fight Against Crime: Problems and Ways to Solve Them
  • May 30, 2024
  • Gaps in Russian Legislation
  • Alexander Ya Asnis

The author proposes a definition of the concept of lawmaking in the fight against crime as the activity of subjects of development, public discussion, examination, coordination and adoption of draft federal laws related to criminal, criminal procedural, operational investigative, penal, criminological (preventive) legislation. Considers the background and problems of legislative and subordinate regulation of lawmaking in Russia, the reasons and conditions that contributed to the growing attention of the legislative, judicial and executive branches of government to the regulation of criminal lawmaking. Analyzes the draft federal law «On Amendments to Article 8 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation”», prepared on the basis of the conclusions of the interdepartmental working group formed by the Ministry of Justice of Russia in March 2023 to prepare proposals for the draft concept of criminal legal policy Russian Federation. Justifies the need to abandon the idea of consolidating special rules of criminal law legislation in the Introductory Law to the Criminal Code of the Russian Federation in favor of resuming work on the draft federal law “On normative legal acts in the Russian Federation” (Law on Laws).

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  • 10.20323/2658-428x-2022-1-14-81-94
ВОСПИТАТЕЛЬНАЯ СОСТАВЛЯЮЩАЯ СОЦИАЛИЗАЦИИ В СИСТЕМЕ ДОПОЛНИТЕЛЬНОГО ОБРАЗОВАНИЯ ДЕТЕЙ
  • Jan 1, 2022
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  • Viktor P Golovanov

Modern supplementary education of children objectively defines education as a dominant, considering it as a priority component of supplementary education. Despite the fact that in the Federal Law of July 31, 2020 No. 304-FZ “On Amending the Federal Law” On Education in the Russian Federation “On the education of students” there is no direct indication of the obligation to develop an exemplary program of education in organizations of supplementary education, objectively in the modern sociocultural situation, there is a need to implement the educational potential of supplementary general education programs. In this regard, this article deals with new approaches to organizing educational activities in the educational system. It is noted that in modern socio-cultural conditions, education should be focused on achieving two interconnected goals: the success of socialization of younger generations and the self-development of a person as a subject of activity, as a person and as an individual. Education is considered as a pedagogically organized process of personal development, development and acceptance of values, moral standards of society. The article takes into account that in connection with the legislative initiative of the President of the Russian Federation V. V. Putin of May 21, 2020 on the draft federal law “On Amendments to the Federal Law” On Education in the Russian Federation “on the education of students”, the appeal to the problem of education in the education system becomes especially relevant. The emphasis is placed on the State's conscious need to restore the educational function of education and its new understanding.

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On the Principle of Voluntary Consent to Organ Donation in the Legal Acts of the Russian Federation and International Law
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  • Rossijskoe pravosudie
  • Maria T Gigineyshvili

The development of transplantation in the Russian Federation raised in addition to ethical some legal issues, like the conflict of the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On burial and funeral business”. Goals and tasks of the research. The main goal of the study is to determine the content of the principle of presumed consent and its legal boundaries. This goal led to the setting of the following tasks: firstly, on the basis of international and national law, to establish the donation procedure, and, secondly, to analyze the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights on the legality of the principle of presumed consent. Methods. For the study, both general scientific methods like analysis, synthesis, deduction and induction were used, as well as private scientific methods, the main role played the comparative legal method. Guided by it, the author compared the approaches to the legal regulation of donation in various legislative acts of the Russian Federation and international law. Comparative analysis was used to study the practice of the Constitutional Court of the Russian Federation and the ECHR case law. Brief conclusion. The author reveals two models of legal regulation of donation – presumed and requested consent. After studying the Law of the Russian Federation “On transplantation of human organs and tissues” and the Federal Law “On the basics of health protection of citizens in the Russian Federation”, the author suggests ways of improving the national legislation on posthumous donation.

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Legal regulation of the work of tour guides, guides-interpreters and guides-instructors: the experience of the constituent entities if the Russian Federation and prospects for federal regulation
  • Mar 1, 2020
  • Административное и муниципальное право
  • Aleksei Savichev

The subject of this research is the legal norms regulating the work of tour guides, guides-interpreters and guides-instructors in the Russian Federation. The author analyzes the positions of the Federal Law of 11.24.1996 No.132-FZ “On the Basics of Tourism in the Russian Federation” and draft Federal Law No.864169-7 “On Amendments to Separate Legislative Acts of the Russian Federation for the Purposes of Improving Legal Regulation of Tour guides, Guides-Interpreters and Guides-Instructors”, as well as regional normative legal acts, establishing requirements on mandatory of voluntary accreditation of these specialist in particular constituent entities if the Russian Federation. The author concludes that the systems existing in the separate constituent entities if the Russian Federation for accreditation of tour guides, guides-interpreters and guides-instructors require improvements. Solution of the problem is seen in organization of the work of the aforementioned subjects of the tourism industry by establishing uniform legal regulation on the federal level. The result of the analysis of the draft Federal Law No.864169-7 produced a number of proposals aimed at improving separate aspect of legal regulation of the work tour guides, guides-interpreters and guides-instructor.

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Federation Reform and Constitutional Politics in Russia
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  • Russian and East European Studies
  • Shigeru Kodama

This article focuses on the legal backgrounds and aspects of the reform of Russian federation initiated by President PutinOf course, the reform of Russian Federation is an important event in Russian politics. But without understanding the legal background and aspects, we can not comprehend the feature of Russian Federation reform fully, because the federation reform by President Putin is a reaction to the fact that some of federation subjects have formed its own legal system since the early stage of the transition in Russia, and others began to legislate its own laws and decrees after the adoption of new Russian Constitution. As a result, Russia came to have two legal system, federal law and regional law, and the legal aspects became more important in the relation between the federal center and federation subjects. Putting it in another way, it is not enough to restore to political negotiations in order to resolve the problems and conflicts between the federal center and federation subjects.Since the beginning of the transition process in Russia, the federation reform has been a main and difficult issue. 1993 Russian Constitution provides that Russian Federation is a democratic federal rule-of-law state and federation subjects each are equal subjects of Russian Federation. It divides jurisdictions between Russian Federation and federation subjects - the jurisdiction of Russian Federation, the joint jurisdiction, the jurisdiction of federation subject. At the same time, 1993 Russian Constitution allow concluding treaties on the delimitation of scopes of authority and powers between the federal center and its subjects (power-sharing treaties) . In 1993 Russian Constitution the relation between the division of jurisdiction provided by Russian Constitution and the delimitation of scopes of authority and powers decided by the treaties is not sufficiently clear.1993 Russian Constitution has two contradicting elements. On one hand, it allows Russian Federation to be stronger in the sphere of the legislative power and judiciary power. The Article 76 of the Constitution provides that on issues within the jurisdiction of Russian Federation federal constitutional laws and federal laws shall be adopted and on matters within the joint jurisdiction federal laws shall be issued, in accordance with which federation subjects shall adopt their laws and decrees. According to the Article 71 of the Constitution“law courts; Prosecutor's Office; criminal, criminal-procedural and criminal-executive legislation; amnesty and pardon; civil, civil-procedural and arbitration-procedural legislation; legal regulation of intellectual property”belongs to the federal jurisdiction. Because of this the federation subjects have few powers in the sphere of the judiciary power. Russian judiciary system has common features of that of unitary states. On the other hand, 1993 Russian Constitution contains unique articles, the origin of which can trace back to the principles of the federation embodied in the form of USSR. Article 11 is a typical example of this.President Eltsin concluded 49 power-sharing treaties with individual federal subject from 1994 to 1998. While some of power-sharing treaties contributed toward maintaining the Russian Federation, the conclusion of the power-sharing treaties served as a method for Elttin to get the supports from the federation subjects. Power-sharing treaties individualized the relations between federal center and federation subjects. On the contrary, Putin's challenge is to establish the legal order between federal center and federation subjects. While under the federal structure stipulated in Russian Constitution the federal center has strong powers, the federal center did not have enough ability to force the federation subjects to comply with Russian Constitution and federal laws. President Putin became aware of this weak point in the Russian Federation.

  • Book Chapter
  • Cite Count Icon 8
  • 10.1108/978-1-78769-993-920191010
Corporate Conflicts in the System of Public Relations, Law, and Legislation of the Russian Federation
  • Jun 12, 2019
  • Vladimira Dolinskaya + 3 more

Corporate Conflicts in the System of Public Relations, Law, and Legislation of the Russian Federation

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  • Research Article
  • 10.24833/2073-8420-2023-3-68-77-88
Comparison of the Transformation of some Provisions of the Information Legislation of Russia and the EU in the Context of the Cyber Security Conception
  • Oct 30, 2023
  • Journal of Law and Administration
  • P V Menshikov + 1 more

Introduction. The article discusses the legislative framework in the field of information and cyber security in Russia and the European Union, as well as relevant changes to them. The changes in the legislation of the Russian Federation after the adoption on December 30, 2021 No. 441-FZ “On Amendments to Article 15.3 of the Federal Law “On Information, Information Technologies and Information Protection” and Articles 3 and 5 of the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”, as well as Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD) of 1981, Protocol amending the Convention for the Protection of Individuals with regard to the Processing of Personal Data, adopted by the Committee of Ministers on its 128th session in Elsinore on 18 May 2018. (Convention 108+), 2021 Guidelines for the Protection of Individuals with regard to the Processing of Personal Data by and for Political Campaigns.Materials and methods. The research materials were compiled by the Federal Law of December 30, 2021 No. 441-FZ “On Amending Article 15.3 of the Federal Law “On Information, Information Technologies and Information Protection” and Articles 3 and 5 of the Federal Law “On Amending Certain Legislative Acts of the Russian Federation ”, Federal Law of July 27, 2006 No. 152 “On Personal Data”, Federal Law “On measures of influence on persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation” of December 28, 2012 No. 272, Federal Law “On Fundamental Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” No. 67-FZ of June 12, 2002, 108 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD), Convention 108+ and the Guidelines on the Protection of Individuals with regard to the Processing of Personal Data by and for Political Campaigns 2021. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes in the field of personal data protection: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal-logical method.Results of the study. The Russian Federation implements many of the provisions of the Guidelines for the Protection of Individuals with regard to the processing of personal data. However, there are those proposals that are not reflected in Russian laws. In addition, the Guidelines for the Protection of Individuals with regard to the processing of personal data actually allow organizations to transfer data to social networks for advertising, which in Russia can be regarded as a violation of the law.Discussion and conclusion. At the moment, uncertainty remains in connection with the cooperation between Russia and European countries and Russia's withdrawal from the Council of Europe, the ECtHR and the HRC. In the near future, Russia will determine the list of European conventions that no longer meet its national interests, and denounce them. If Convention 108 is not included in this list, then Russia will be able to remain a party to the Convention and, consequently, to related documents. But still, even if the Convention under consideration and related documents are denounced, some of its positive practices can be adapted by Russian legislators and reflected in the Russian Federal Law in a slightly modified form.

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  • Cite Count Icon 1
  • 10.33049/11.022418.6
PROBLEMS OF FORMATION OF INNOVATIVE SYSTEM OF AIC: REGULA-TORY ASPECT
  • Mar 10, 2018
  • Applied Economic Researches

in article mechanisms of formation of innovative system of agrarian and industri-al complex through a prism of their standard legal support, in particular, in the agrarian sector of national economy are considered. The provisions which are contained in separate documents, con-cerning questions of development of agrarian and industrial complex are specified: The state pro-gram of development of agriculture and regulation of the markets of agricultural production, raw materials and food for 2013 - 2020, «The main activities of the Government of the Russian Federa-tion until 2018», «The concept of long-term social and economic development of the Russian Fed-eration until 2020», the Federal law «About Development of Agriculture», the draft federal law «About Scientific, Scientific and Technical and Innovative Activity in the Russian Federation».

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The Situation in the Sphere of Science and Innovation
  • Jul 7, 2017
  • SSRN Electronic Journal
  • Irina Dezhina

The Situation in the Sphere of Science and Innovation

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  • Cite Count Icon 2
  • 10.20323/2658-428x-2020-3-8-123-133
ВОСПИТАНИЕ В СОВРЕМЕННЫХ СОЦИОКУЛЬТУРНЫХ УСЛОВИЯХ: НОВЫЕ ВЫЗОВЫ, ВОЗМОЖНОСТИ, ОТВЕТСТВЕННОСТЬ
  • Jan 1, 2020
  • Social and Political Researches
  • Viktor P Golovanov

The problem of upbringing in modern socio-cultural conditions is very significant and relevant. Modern reality has a significant positive educational potential, creates a new space for personality development, self-determination, self-organization and self-realization. The transformations in modern Russia, the preparation of a new generation of russians who are able to successfully carry out these transformations in the interests of the individual, society and the state, overcoming numerous manifestations of lack of spirituality in children and youth require an increase in the role of education in educational organizations as a social institution. In this regard, this article deals with new approaches to the organization of educational activities in the education system. The article notes that in modern socio-cultural conditions, education should be focused on achieving two interrelated goals: the success of socialization of the younger generations in modern conditions and self-development of a person as a subject of activity, as a person and as an individual. Education is viewed as a pedagogically organized and purposeful process of personality development, the process of mastering and accepting values, moral attitudes and moral norms of society. The main content of education is to ensure the process of socialization and self-development of a young person on the basis of technologies and means of pedagogical assistance, support and accompaniment. The article also takes into account the fact that in connection with the legislative initiative of the President of the Russian Federation V.V. Putin of May 21, 2020 on the draft federal law "On amendments to the federal law" On education in the Russian Federation " the appeal, first of all, to the problem of upbringing in the education system acquires special relevance. Thus, there is a conscious need of the state to restore the upbringing function of education and in its new understanding. The material is revealed on the basis of a systematic approach to education, where the child is the main subject.

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  • Cite Count Icon 7
  • 10.24147/2542-1514.2020.4(4).94-101
Problems of development of state control and supervision in the context of legislative reform
  • Dec 28, 2020
  • Law Enforcement Review
  • Anna F Masalab

The subject. The system of state control and supervision in the Russian Federation was chosen as the subject of research. The relevance of the article is due to the need to find a balance between improving the level of law and security in various areas of business and reducing administrative pressure on business entities during control and supervisory activities. The purpose of the article is the goal is to substantiate the scientific hypothesis that the existing system of state control and supervision in Russia needs further improvement despite the performing legislative reform. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as legal interpretation of legislative acts and drafts. Results, scope of application. The correlation of the terms "control" and "supervision" is defined, the stages of development of these institutions are highlighted, and he directions for improving the control and supervision activities of the state are outlined. Analysis of the features of legislative regulation of state control and supervision allowed us to identify three stages of its formation. Currently, the third stage of the control and supervision reform is being implemented in Russia. Analysis of the new Federal law "On state control (supervision) and municipal control in the Russian Federation" made it possible to note that this act has some obvious advantages in comparison to Law No. 294-FZ: the extension of the scope of the risk-based approach, clear regulation of all control activities, avoiding monopoly inspections as the main tool of control and supervision, use of preventive approach rather than punitive approach. Conclusions. It is concluded that the new Federal law "On state control (supervision) and municipal control in the Russian Federation" provides for the development of a risk-based approach in the implementation of control and supervision activities, as well as a number of other innovations that can, if being properly implemented, reduce the administrative burden on economic entities, change the punitive direction of the control activities to a preventive one. At the same time, the problem of unification of the conceptual apparatus in this area remains unresolved.

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  • Cite Count Icon 13
  • 10.17803/1994-1471.2020.115.6.043-054
Digital Financial Assets: Problems and Prospects of Legal Regulation
  • Jul 11, 2020
  • Actual Problems of Russian Law
  • T E Rozhdestvenskaya + 1 more

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

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