Российский институт банкротства в условиях его правовой трансформации

The article highlights the problem of improving the Russian legislation in the sphere of human rights protection under the influence of the norms of international law. It is noted that the preferred way to implement international standards in the Russian legal system is the ratification of conventions, covenants, etc. and their subsequent implementation (transformation). Such things make it possible to most fully reveal the essence of these norms and to develop an effective domestic set of measures for the protection of human rights. The focus also made on the fact that among the elements of international law affecting the maintenance and development of national legislation in the sphere of human rights protection, a special place is occupied by the final judgments of the European Court of human rights. Despite the fact that in Russia, as in other countries of the Romano-Germanic legal family, judicial precedents are not considered a source of law, the legal positions contained in the final decisions of the European Court of Human Rights, contribute to the in-depth implementation of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of1950 into the Russian legislation. However, to date there is no universal mechanism for the implementation of approved and almost general measures aimed at execution of the judgments of the European Court of Human Rights.

At the current stage of development of Russian legislation regulating insurance legal relations, one can hear doubts about the strict differentiation of personal and property insurance and observe attempts to determine whether insurance should be divided into personal and property insurance or whether it is more expedient to combine them, since there are types of insurance that are difficult to attribute to a specific type in this classification. The need to analyze insurance legal relations is due to the fact that, with the development of legislation towards the unification of all types of insurance, it is advisable to consider the legal fate of subrogation, which, as is known, is the right of the insurer’s reverse claim to the causer of harm, and its appearance is possible only in property insurance. Thus, the article considers the likelihood of the insurer applying a subrogation requirement in personal insurance when an insured event occurs as a result of malicious actions of a third party against the policyholder and (or) the insured person.

The introduction of large-scale amendments to the Constitution of the Russian Federation actualizes the discussion on the areas of development of Russian legislation on local selfgovernment. The article examines the social and legal nature of Russian local self-government, substantiates the conclusion about its duality (the level of public power and the institution of civil society), analyzes the place and role of local self-government in the unified system of public authority. The author comes to the conclusion that the goal of further improving the legislation on local self-government should be recognized as an increase in the efficiency of local self-government in two directions: in solving issues of local importance and performing other public functions (operational efficiency), as well as in meeting the request of citizens for direct participation in the management of common deeds (social efficiency). Based on this goal, possible scenarios for the development of legislation on local self-government are analyzed in two aspects: the territorial structure of local self-government and the competence of local self-government.

This article analyzes the development of the environmental insurance legislation of the European Union and the Russian Federation. The advantages of this mechanism in matters of compensation for harm caused to the environment due to environmental offenses are determined. The analysis of Directive No. 2004/35 / CE of the European Parliament and the Council of the EU on environmental responsibility, aimed at preventing environmental damage and eliminating its consequences. A comparison of Russian legislation with the norms of environmental insurance adopted in the European Union is carried out. The conclusion is formulated that environmental insurance should become a priority direction of the state natural resource policy.

In retrospect, and currently, scientific forecasts of the development of rus-sian municipal, constitutional, legislation, and legislation on science are developing uni-directionally and do not consider related problems and prospects of legal regulation. As a result, the most important institutions in technological development acquire fragmented legal regulation. An analysis of legislative initiatives and trends in the development of Russian legislation on local government and science cities shows the parallel and un-coordinated development of these important areas of legal regulation. As a result, inter-related problems and unresolved tasks in the development of territories, the disclosure of the potential of local self-government in the scientific and technological growth of the state are actually multiplying. Scientists do not pay due attention to this issue. The article offers the author’s solutions to the identified problem and provides a predictive assess-ment of possible scenarios for the development of Russian legislation in an intersectoral aspect. The author’s conclusions are based not only on Russian but also foreign sources, using a comparative legal method and research methodology. The authors substantiate the importance of balanced development of legislation on science cities and local self-government as an indicator of the involvement of scientific and technical development of Russia and at the same time as an incentive for scientific activity and production of territories, taking into account their individual characteristics and potential. The inclu-sion of these indicators in the measurement of technological development and sustainable economic growth of the country creates new challenges for improving Russian legislation.

Introduction. The change in the paradigm of regulating migration processes in the Russian Federation in the early 1990s, the liberalization of the general approach to ensuring the right to freedom of movement, the choice of place of residence; they all dictated the beginning of the current stage of development of migration legislation. For nearly thirty years, the general array of legal acts grew, individual institutions of migration legislation were modernized under the influence of political, socio-economic and other factors, and the legal means of counteracting current challenges and threats was improved. Materials. Methods. The complex nature of migration legislation is due to both the versatility and the multi-level character of the relationships that develop as a result of various relocations of population. Like any other branch or institution, migration legislation is not without its flaws; it has its own problems and defects that need to be resolved. Nevertheless, it can be stated that today its setting up has, in general, been completed, and this allows us to formulate a scientifically- based assessment of its effectiveness and identify key trends for further development. The purpose of this study is to analyse the overall dynamics of the development of migration legislation, to identify the main trends in the legal regulation of its individual sub-sectors, as well as to develop recommendations aimed at overcoming the identified problems. Results. The study showed a close relationship of the state migration policy with its economic, demographic and ethnocultural policies. The role of external migration, as the most important compensatory mechanism for reducing the population of the country, is noted. At the same time, migration can be considered not only as a particular resource of a country’s economic and demographic development, but also under certain conditions it can be perceived as a security threat to the state, its population, territory, especially if the migration policy is inconsistent, or if there is a significant gap between conceptual grounds and migration management practices. Discussion and Conclusion. The factors that influence the development of Russian migration legislation are revealed, among which a special role is played by the openness of migration space and the intensity of migration flows, the associated active involvement of Russia in world migration processes, the participation of the Russian Federation in interstate integration, the preservation of uncontrolled migration, etc. The article examines the details of the development of individual sub-sectors of migration legislation, the allocation of which is associated with the regulation of basic directions and types of migration, especially of foreign labour migration as the main mass migration flows; voluntary resettlement to the Russian Federation of compatriots living abroad; forced and educational migration. Summing up, it can be stated, that the increase in efficiency in the development of migration legislation is connected with the need for its precise systematization, including the perceived shortcomings of a categorical and conceptual apparatus, the chaos and imbalance in the use of legislative forms by which it develops – all of which which prevent migration legislation from becoming a fully-fledged branch of Russian legislation.

There are three stages in the development of the securities market in the 20th — early 21st centuries: the paper period, the period of electronization and the period of digitalization. Electronization and digitalization of the stock market have significantly influenced the development of legislation in this area. When the Russian legislator tried to react to the electronic stock market, an internally contradictory term (legal fiction) appeared – an uncertified (book-entry) security. Its use generates a number of problems that have not been resolved to date. It is necessary to distinguish between securities in the form of an electronic document and sets of rights accounted for by account entries. Electronic charges under Russian law are defined as electronic documents, but at the same time they refer to uncertified (book-entry) securities, which is logically incorrect. Eliminating the imperfections of the legal regulation of the stock market caused by electronization, the Russian legislator, limiting itself to changes in general legal acts, did not make appropriate changes to the legislation concerning individual securities. Unlike Russia, effective legal ways of including digital assets in the legal system have been formed in Western countries. The Russian legislator is required to determine their legal nature every time. Shares issued in the form of digital financial assets constitute an unjustifiably cumbersome legal structure, since they simultaneously belong to two different types of objects of civil rights — digital rights and uncertified securities. It is advisable to introduce a special term «investment financial instrument» to designate a group of equity and similar securities, as well as similar digital financial assets.

The relevance of this study is due to theoretical and practical needs in establishing consistency of goals, objectives and a set of measures to ensure transport security as one of the components of the national security of Russia. The purpose of the study was an attempt to identify priority areas for the development of public administration and Russian legislation in the field of transport security on the basis of strategic planning mechanisms. Research objectives: to analyze strategic planning documents for the period from the adoption of the law on Transport security to the present (2008-2021); to determine the interconnectedness of strategic and sectoral goals and priorities for ensuring transport security contained in various legal sources; to develop proposals to clarify the provisions of strategic and program documents in the field of security and the transport industry. The analysis made it possible to draw conclusions that the priority direction of the development of public administration and Russian legislation in the field of transport security until 2024 is to increase the level of anti-terrorist protection of transport infrastructure facilities and vehicles through the introduction and use of space and information technologies, as well as through the creation of intelligent transport systems that ensure the transport connectivity of the country. The author proposes the development of a transport security strategy of the Russian Federation, the adjustment of a comprehensive transport security program and a schedule of activities of the Ministry of Transport of Russia for the implementation of strategic planning documents until 2024. The novelty of the study is determined by the formulation of the problem and lies in the fact that it is a comprehensive analysis of strategic planning documents adopted at the federal level and aimed at solving tasks to ensure the national security of the country.

The change in the structure of modern crime and the need to improve the legal instruments of investigation have led to a significant qualitative transformation of the institute of international cooperation in the field of legal assistance in criminal cases. This circumstance has revealed some problematic issues related to the limits of determining the results of legal aid as a means of proof. The purpose of this study is to form a set of scientific provisions on information obtained in the course of providing assistance in verifying reports of crimes as a special means of proof, which determine the possibility of further development of criminal procedure legislation and optimization of law enforcement practice. In the article, taking into account international and Russian legislation, using the example of the Investigative Department of the Ministry of Internal Affairs of Russia, topical issues related to the evidentiary value of materials obtained in the territories of foreign states at the stage before the initiation of criminal proceedings are considered. Prospects for the application of consular legal assistance in criminal cases, attention is focused on the specifics of obtaining evidence as a result of its provision in foreign jurisdictions. The author suggests ways to improve the criminal procedure legislation in this area. The purpose of this study is to form a set of scientific provisions on information obtained in the course of providing assistance in verifying reports of crimes as a special means of proof, which determine the possibility of further development of criminal procedure legislation and optimization of law enforcement practice. Taking into account international and Russian legislation, using the example of the Investigative Department of the Ministry of Internal Affairs of Russia, topical issues related to the evidentiary value of materials obtained in the territories of foreign states at the stage before the initiation of criminal proceedings are considered. Prospects for the application of consular legal assistance in criminal cases, attention is focused on the specifics of obtaining evidence as a result of its provision in foreign jurisdictions. The author suggests ways to improve the criminal procedure legislation in this area.

The article critically analyzes the forecasting method as a means of understanding the development of criminal procedure law and criminal procedure legislation. The relevance of his study is due to the extremely inconsistent development of criminal procedure legislation, the unsystematic nature of many of his novels, which raises the question of the consistency of the scientific justification of legislative activity and the effectiveness of interaction between the legislator and the scientific community. The author's position is based on the strict scientific nature of predictive activity in the legal field, accordingly, the concepts of the development of Russian legislation published under the auspices of the Institute of Legislation and Comparative Law under the Government of the Russian Federation became the subject of study. Along with them, the theoretical basis of the study was the work of Soviet, Russian and foreign authors who studied the phenomenon of forecasting, including legal forecasting, as well as the works of process scientists leading knowledge in this field. The system of research methods consists of methods of analysis and synthesis, inductive and deductive methods, historical and legal, comparative legal methods. As a result of the study, it was concluded that there are no scientific criteria that should be applied to the forecast of the development of legal phenomena. The conclusions formulated the requirements that the scientific forecast of the development of industry legislation should meet.

The article presents the results of a study of the procedural powers of the prosecutor of the Socialist Republic of Vietnam in pre-trial proceedings in a criminal case. If there are some common features with the supervisory competence of the prosecutor in modern Russia, which is historically due to the influence of the legislation of the USSR and the RSFSR on the formation and development of the criminal procedure legislation of Vietnam, it should be noted that there are significant differences in the current status of the prosecutor of the SRV, especially in the totality and content of its powers. Taking into account the close «kinship» of the criminal procedure legislation of the Socialist Republic of Vietnam (SRV) and the Russian Federation, it makes sense to conduct a comparative legal study to establish current trends in their mutual development. The purpose of the study is to optimize the procedural status of the prosecutor of the SRV in the field of supervision of legality in pre-trial proceedings in criminal cases based on the experience of regulating the same status by the Russian legislator. The objectives of the study are: to study the Russian and Vietnamese experience in regulating the procedural status of the prosecutor in the field of ensuring the legality of the preliminary investigation; to conduct a comparative analysis of Russian and Vietnamese legislation; to identify problematic aspects in regulating the procedural status of the prosecutor of the SRV; to study the practical experience of prosecutorial supervision; to study the problem of improving the effectiveness of the prosecutor's performance of a number of procedural actions; to develop proposals for optimizing his procedural status. The research methods are: dialectical, historical, analytical (logical, formal-legal, comparative-legal, system-functional), generalization. Among the main results obtained: - identification of circumstances that indicate the continuation of the trend towards the traditional, historically determined continuity of the formation of the content of the criminal procedure legislation of the SRV and the Russian Federation in terms of regulating the powers of the prosecutor; – the legislation of the SRV in this part of the regulation is subject to the same problems as the Russian legislation, namely, the duality of the legal nature of the prosecutor's powers to supervise the legality of pre – trial proceedings in criminal cases; at the same time, the imperative of the relationship between the investigator and the prosecutor in the SRV seems to be more acceptable than the optional nature in Russian criminal proceedings; – we regard as a significant advantage of the prosecutor of the SRV over his Russian colleagues, his right to conduct investigative actions, which give him the opportunity to personally participate in the preliminary investigation, directly receive the necessary information in sufficient volume, which allows him to make more balanced procedural decisions; - the regulation of the procedural position of the prosecutor of the SRV should be reoriented from the imperative to the dispositive method, which will allow the prosecutor to more freely dispose of the procedural powers belonging to him.

The systemic and structural changes taking place in modern Russian legislation reflect those large-scale changes that primarily manifest internal and external aspects of the integration of the state into international integration associations, which significantly expands the sphere of legal regulation not only in the economic segment of public relations, but also makes it possible to optimize legislative regulation in certain areas of economic and economic activity. The purpose of this study is a special area of public relations, which is objectively included in the current mechanism of management, but does not have its own independent legislative consolidation. We are talking about the so-called “economic legislation”, a concept that is conditional in Russian jurisprudence, since it is still not accepted to single out a separate subject of legal regulation in this area of relations in the legal and legislative doctrine. Nevertheless, in recent years, the opinion has been increasingly expressed in Russian legal science about the need for an integrated approach to this problem, which is justified by objective processes of integration of the Russian economy into the global economic space and, accordingly, unification of Russian legislation, in particular agricultural legislation, into the global regulatory system.KeywordsEconomic policyEconomic legislationModel legislationLegal regulation of the agro-industrial sectorLegal status of agricultural producer

The aim of the study. The relevance of the research is determined by the fact that the analysis of the formation and functioning of the institute of factory inspectorate in the field of supervision of compliance with the established norms and rules of labour protection of minors and women, regulation of labor relations between employees and manufacturers will allow rethinking the history of the development of factory legislation in the Russian Empire and analyze the possibilities and disadvantages of state regulation of relations between workers and entrepreneurs. Conclusions. As a result of the study of the practical activities of the factory inspectorate on the territory of the Voronezh and Kursk provinces, where mainly small factory enterprises with agricultural specialization were located, there was a general tendency to use the labour of minors and women in industrial enterprises, as a consequence of the cheapness of their labour and non-resistance. The author concludes that the activities of the factory inspectorate had an important impact on the implementation and practical useof the adopted legislative norms regulating the work of women and minors. Firstly, the number of violations of the rules on the work of minors and women recorded by the factory inspectorate decreased. Secondly, extensive statistical material was collected on industry and working conditions of workers, their gender and age composition, the number of women and children, their share in various industries, which was not unimportant for the further development of factory legislation in Russia in the second half of the XIX century.

The subject of research. Issues concerning the exercise of the right of shareholders to receive information are analyzed. The focus is on the issues of exemption of a joint-stock company from providing information. The development of the institute of the information provision to shareholders by joint stock companies are consistently analyzed. The main trends in the development of this institute are shown: gradually narrowing the ability of shareholders to exercise their right to receive information through such means as restriction, differentiation and exemption from providing information. Special emphasis is placed on the institute of exemption from providing information. The purpose of the article is to show the main drawbacks of the existing model of exemption of a joint-stock company from the obligation to provide information to shareholders and to formulate directions for the development of legislation. The author's main scientific hypothesis can be summarized as follows. The Federal law «On joint-stock companies» contained an initial defect in the description of information exchange between a shareholder and a joint-stock company. The shareholder's right to information was not described, in fact, it was «embedded» in the obligation of the joint-stock company to provide information. The subsequent changes to the law resulted in a narrowing of the rights of the shareholder, practically depriving the minority shareholder of the right to information. This defect has led to significant legal uncertainty when the joint-stock company exercises its right to be exempt from providing information. This uncertainty should be eliminated, because the regulatory goals for granting joint-stock companies an exemption from the obligation to provide information to shareholders (article 92.2 of the Federal law «On joint-stock companies» that counters sanctions pressure) are absolutely correct. At the same time, some of the grounds for exemption from the obligation to provide information to shareholders (article 92.1 of the Federal law «On joint-stock companies») must either be excluded or reformulated. The author notes the complete «break» between the current regulation and the ideas about information exchange between a shareholder and a joint-stock company, that initially inspired the creation of the law on joint-stock companies. The inclusion of sanctions in the law on joint - stock companies as a factor affecting the performance by a joint-stock company of its obligation to provide information to shareholders should be fully welcomed. However, the legal and technical design of the corresponding political and legal idea cannot be considered optimal. In this part, the legislation requires a complete renovation based on the principle of balancing constitutional values and the interests of the state, majority and minority shareholders. Description of research methodology. The research is based on a systematic analysis, as well as the interpretation of Russian legislation and doctrine. Information about the main scientific results. The development of legislation on joint-stock companies in terms of providing information is shown. It is shown that if legislator taking into account sanctions when regulating the obligation of a joint-stock company to provide information, the goals of legislative regulation fully comply with constitutional principles, but specific legal decisions cannot be considered optimal. Conclusions. It is concluded that development of legislation on joint-stock companies has led to a significant restriction of the ability of shareholders to receive information. The author formulated the priority of regulatory goals in countering sanctions pressure and offered specific directions for improving legal regulation.

This article discusses the problem of legal regulation of cryptocurrencies in Russia. It is recommended to create the necessary regulatory conditions for such a financial instrument as cryptocurrencies. Attention is paid to the development of legislation in the field of the use of digital currency in Russia, not only in the direction of prohibition, but also in the direction of creating all the necessary accessible and legitimate conditions for the legitimate use of digital currency (cryptocurrencies) in Russia. The article also addresses the issue of the lack of uniform judicial practice, where cryptocurrency is the subject of dispute. The lack of legislative regulation of the cryptocurrency market in Russia affects the fair judicial protection of holders of crypto assets. The article also reveals the problem of including cryptocurrencies in the bankruptcy estate during the bankruptcy procedure of individuals. Both positive and negative judicial practice is given. As a result of the analysis, there is a positive developing trend, where the legislator in some legislative acts already defines digital currency as property, and also, in accordance with Article 128 of the Civil Code of the Russian Federation, the qualification of cryptocurrencies as "other property" is given. Thus, with the active development of legislation on the use of digital currency, it is possible to introduce cryptocurrencies into the list of objects of civil rights, where judicial practice on this issue will become more uniform. The purpose and objective of this study is to identify the main problems of legal regulation of cryptocurrencies and ways to solve them in a timely manner through the prism of emerging Russian legislation and emerging judicial practice. The study used the method of analysis of regulatory legal acts, scientific articles and journals revealing the problems of legal regulation of cryptocurrencies in Russia, as well as the analysis of positive and negative judicial practice when using cryptocurrencies by individuals and legal entities. The result of the study is the need for the formation and development of legislation in the field of the use of cryptocurrencies in Russia.