Russian Legislation Research Articles

ПРОПАГАНДА КАК ПРЕВЕНТИВНАЯ ИННОВАЦИЯ В СОВРЕМЕННОМ РОССИЙСКОМ ЗАКОНОДАТЕЛЬСТВЕ

The article deals in studying the preventive nature of positive propaganda and highlights the specifics related to the legal regulation of preventive propaganda. It reveals the preventive possibilities of positive propaganda with its inclusion in the legal field. The preventive possibilities of preventive propaganda are positively assessed by the Russian legislator, which results in the emergence of more and more varieties of such propaganda in acts of the federal and regional levels. The author emphasizes that preventive propaganda is a means of legal policy so its specific character should not be limited only to preventive measures in the context of crime prevention. Preventive propaganda includes a wide range of measures to stimulate socially useful behavior in various social spheres. There is a tendency that the development and legitimization of preventive propaganda in the norms of law often begins, as a rule, with the legislative consolidation of the prohibition, which can be traced to the institution of traditional family values.

Правовая охрана экологических систем в России: вопросы теории

Natural ecological systems and biological diversity represent an important natural resource with ecological and economic value for all mankind. The quality of life on Earth depends on the state of ecosystems. The negative impact on ecosystems as a result of anthropogenic activities, the reduction or destruction of species of wild animals and plants leads to the degradation or death of ecosystems, large economic losses on a national and global scale. To preserve ecosystems, it is necessary to apply the principles of sustainable development. This will prevent a conflict between human activities for the conservation of biological diversity and its needs. Applying the provisions of the concept of sustainable development in practice, it is possible to explore the problems of preserving biological diversity, taking into account economic and social factors. The purpose of this article is to introduce the legal category "ecological systems" into scientific circulation, to determine their significance for humans, and to identify problems of their legal regulation. In the course of the study, the authors used scientific works by biologists and lawyers devoted to various aspects of the interscientific theory of the protection of ecological systems. The research was based on the norms of environmental legislation, as well as the provisions of the ecological and legal scientific doctrine. The methodological basis of the article is presented by separate philosophical, general scientific and private scientific research methods. Our work was aimed at studying the problems of finding a balance between the interests of nature and society, the needs of the population and the conservation of biodiversity. In the course of the study, the authors applied specific historical, logical methods, the method of analysis and synthesis. The chosen methodology is justified by the tasks of considering the genesis and current state of legal protection of ecosystems in Russian law. The article provides a scientific interpretation of the current environmental legislation, and offers suggestions for its improvement. The authors note that in the current environmental legislation, legal regulation is carried out only in relation to particularly valuable ecosystems. Meanwhile, having valuable properties for humans, each ecosystem and their totality requires special legal regulation. Therefore, it is argued that it is necessary to develop a legal category "national ecological network" in order to create a special legal regime for the core, ecological corridors and buffer zones, which will preserve biodiversity in the long term. Proposals are being made for a clearer legal consolidation of the habitat of wildlife and the protection of wetlands. The boundaries of the "ecosystem" category are also proposed, and critical comments are made about the proposal to grant them subjective rights. Based on the analysis of the provisions of legislation on environmental protection and environmental-legal doctrine, the authors argue that currently the mechanism of legal protection of ecosystems is poorly represented in Russian legislation. It is pointed out the need to develop criteria for ecosystem sustainability, the introduction of ecosystem monitoring and rationing, which will create a clear legal mechanism for the conservation and restoration of ecosystems by means of law.

On the question of the place and role of the inheritance contract as a novelty of Russian legislation in the system of agricultural land turnover

This paper presents the results of a systematic analysis of the design of inheritance by contract, which is quite new for Russian legislation and its place in the system of agricultural land turnover. This novel was introduced in 2019 and, of course, received some critical assessment from both legal scholars and law enforcement officials. The paper raises a number of issues related to some unequal characteristics of the rights and obligations of the testator and the heir, possible difficulties in applying within the framework of inheritance of agricultural land. In fact, the parties to the inheritance agreement, based on the right regulation of their status, have unequal opportunities to protect their interests, the testator is endowed with greater will and freedom when making and implementing this transaction. Nevertheless, the formation of new norms in legislation, especially in the civil law sphere, has a direct significant impact on the sustainable development of the agro-industrial complex in particular and, in general, on the self-determination of Russian statehood and its integration into the world system. The author analyzes the results of the legal regulation of this institution in foreign legislation, as well as examines historical experience. A study of the inheritance system in other states, as well as a comparative legal analysis of the legislations of various countries, has been conducted. In the course of the study, the author comes to the conclusion that there is a need for more detailed regulation and legislative regulation of this institution, working out clear criteria for distinguishing an inheritance contract from inheritance by will, as well as eliminating practical difficulties for using it in the agro-industrial complex, including when inheriting agricultural land.

On the issue of classification of agricultural insurance taking into account modern trends in its development

The Russian legislation does not contain the term “agricultural insurance”, however, in modern publications of Russian scientists and practitioners of the insurance business, this term is used as a synonym for the term “farm insurance”. The article explores the question of the identity of these terms, and their content is correlated with the provisions of Russian legislation. This makes it possible to explore the options for classifying varieties of agricultural insurance offered in the publications of Russian authors, as well as to propose other options for classifications. According to the author of the article, the classification of varieties of agricultural insurance based on a systematic approach and a clearly formulated criterion is important for identifying the essential features of new varieties for our country and their positioning in accordance with the provisions of Russian insurance legislation. The classifications proposed in the article made it possible to formulate the definition of the so-called “index-based crop insurance” used abroad. A number of Russian scientists propose to introduce such insurance in our country, but there are open questions related to its compliance with the provisions of Russian insurance legislation, for example, in terms of determining the object of insurance or the type of insurance. The article developed three types of classification of varieties of agricultural insurance: on the basis of a criterion that is used as a confirmation of the fact of the occurrence of an insured event; based on the number of risks against which the insurance contract protects; on the basis of the object in which the insured wealth interests materialized. Positioning of index-based crop insurance in each of the developed classifications made it possible to develop a scientific definition of this type of insurance: index crop insurance is a special insurance mechanism (significantly different from the classical insurance mechanism), within which multi-risk business risk insurance is carried out, that is, the risk of a decrease in income associated with the yield of crops grown for sale, for reasons beyond the control of the agricultural producer.

ОБЕСПЕЧЕНИЕ КАЧЕСТВА ИНВЕСТИЦИОННЫХ ПРОЕКТОВ

The authors conduct a study of current trends in the field of ensuring the quality of investment projects, taking into account the identification of the main stage of the investment decision and its evaluation. This stage is intended to provide an answer about the feasibility of investing in the project as a whole. To implement this stage, there is a wide range of tools, including various methods for ensuring the quality of the solution, in particular, the net present value method, the internal rate of return method, the real options method, the modified internal rate of return method, and the return on investment ratio, as given in the article. Each method has advantages and disadvantages; the article also discusses examples of changes in Russian legislation in the field of project evaluation. The authors analyze practical experience in implementing investment decisions, provide the opinions of experts from among practitioners in the field of application, and analyze specific examples from the point of view of finding opportunities to ensure the quality of the implementation of an investment project.

Assessment of the development of digital financial assets in the Russian Federation based on an empirical analysis of international data on digital assets

The advent of distributed ledger (DLT) technology, also known as blockchain technology and smart contracts, has been a significant factor in the growth of the digital financial assets (DFA) market in the Russian Federation. Despite the market being in its infancy and constrained by Russian legislation, the DFA market is undergoing a period of rapid growth. The author’s thesis is that the development of the DFA market is a reflection of the development of the digital asset market in the world. The author classifies and compares digital assets globally and within the Russian Federation in order to provide a more comprehensive analysis of the market. In addition, the author identifies the trends of digital assets globally by empirical analysis and proposes the reuse of the most successful token classes in accordance with Russian legislation for companies based in the Russian Federation.

LEGAL SuPPORT FOR THE uNITy OF LOCAL SELF-GOVERNMENT AND SCIENCE CITy: FROM TERRITORIALITy TO INTEGRITy

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.

Private International Law: Some Development Trends, Traditional and Novelization Institutions

The unprecedented impact of technology on society, the dramatic change in the climate of international relations due to the economic blockade of the Russian economy had a direct and immediate impact on the development of national law and private international law. This is not about slowing down, but about reversing the processes of globalization. The agenda includes the issues of updating the personal statute of a legal entity, the tort statute in the aspect of personal rights protection, the formation of the statute of intellectual property rights and securities in Russian legislation. Relations on the use of artificial intelligence systems, cryptocurrencies and blockchain require special regulation in private international law. The aggressive anti-Russian sanctions policy of the United States and Europe necessitates the modernization of public order regimes and superimperative norms, and the development of regulation of foreign property expropriation in Russian law. This article is devoted to the discussion of these issues, prepared on the basis of the author's report at the plenary session of the XVII Scientific Readings in memory of Professor S. N. Bratus.

Несовершеннолетние участники корпораций

Children, in accordance with the provisions of Article 60 of the Family Code of the Russian Federation, may have property on the right of ownership, as well as have other rights, in the implementation of which they are assisted by their parents as legal representatives. The child may also be the owner of corporate rights. Traditionally, the right to a share (shares) and rights from a share (shares) are distinguished, and if the issue is clarified with the former, then the latter are practically not covered by Russian legislation in relation to underage participants in Goal corporations. Purpose. The purpose of the study is to identify the features of the implementation of the corporate rights of the child arising from the share (shares). Methodology. In the course of the study, methods of generalization, description, analysis, synthesis, formal legal method were used. Results. It is concluded that the provisions on representation are ignored in terms of compliance of the transaction with the interests of the represented person, as well as the provisions of paragraph 2 of Article 64 of the Family Code of the Russian Federation on the consequences of the existence of a conflict of interests of parents and children, but in the latter case, the intervention of the guardianship and guardianship authority, which is declarative. Corporate legislation does not contain special mechanisms for controlling the exercise of corporate rights in the interests of a minor participant. The use of conventional means of control (consent of the guardianship authority) is clearly inappropriate and may block the activities of the corporation.

“Atypical child” in an educational environment in the Murmansk region

This article aims to identify the current state of the educational environment in the context of realizing its inclusive potential and ensuring the inclusion of children with disabilities. The inclusion of this category in the educational environment is guaranteed by Russian legislation and is an important element of the socialization and social rehabilitation of the child. However, today there are many difficulties in building an inclusive environment in educational institutions, taking into account the needs and requirements of an “atypical” child, which indicates the need to assess the features of the development of inclusive education at the present stage and identify difficulties among subjects of educational relations. To achieve this goal, the article presents the results of a survey of the authors conducted in the Murmansk region (Russia) in 2022. During the questionnaire survey, teachers of general education and special schools, as well as kindergartens in the region (n=417) were interviewed. The results of the study showed that today teachers attach greater importance to the formation of social skills than to the development of the abilities and cognitive activity of children with disabilities. The state of readiness of the infrastructure of educational organizations in the region for children with disabilities is assessed as average, as is the quality of the education they receive. Among the main difficulties in teaching children with disabilities, respondents noted problems with the pace of completing tasks and memorizing material. Teachers most often experience difficulties in organizing the independent activities of children with disabilities, ensuring the pace of work in the classroom, and in directly organizing the child’s work in the classroom.

Проблемы определения правовой природы цифровой валюты

Introduction: the appearance of the digital currency category in Russian legislation was caused by a number of reasons related both to the need to regulate existing economic relations and to prevent illegal behavior (corruption schemes, terrorist activities, etc.). However, the definition proposed by the legislator did not solve the existing problems, and its contradictory wording causes numerous discussions in the scientific literature that require doctrinal resolution, which determines the relevance of the study. Purpose: to define and substantiate the legal nature of digital currency. Objectives: to identify the special features of digital currency; to compare digital currency with similar legal categories (cryptocurrency, non‐cash funds, digital rights, uncertified securities, electronic money). Methods: determinism, system‐functional, logical, comparative. Results: an analysis of the doctrine, legislation, draft federal laws as well as the concepts of digital currency, cryptocurrency, fiat money, digital rights, etc. revealed the features of these categories; their features and functions were compared, which made it possible to substantiate the independent legal nature of digital currency. Conclusions: digital currency cannot be regarded as information or a database. Its legal nature is different from that of non‐cash funds, uncertified securities, cryptocurrency, digital rights, electronic money. Nevertheless, digital currency belongs to the same generic object of civil rights as the three last‐mentioned categories, being one of its varieties. Relations that arise with respect to digital currency have a complex structure and consist of an absolute and several types of relative legal relations. In digital currency, contrary to the statement of the legislator, there is property content (a property right consisting in the ability to make demands), and its owner is opposed by obligated persons, both within the framework of absolute and relative legal relations.

The constitutional right to a favorable environment as the basis for the ecologization of modern Russian legislation

The article considers the trends of ecologization of various branches of Russian legislation, in the process of which ecological approaches and principles are implemented in different spheres of activity. The right to a favorable environment in modern research is considered not only in the context of social, but also personal human rights. At the current stage, the basic approach is used to motivate the subjects of environmental relations to take measures to reduce the negative impact on the environment and introduce the best available technologies. Contemporary take exception to in the environment of total business and disposal of electronic wastefulness in progression to make certain the constitutive hold together to a well-disposed surrounding and the assignments of extremely rejuvenation of Russian legislation.

PROBLEMS OF INTEGRATION OF LAND LEGISLATION OF NEW RUSSIAN CONSTITUENT ENTITIES INTO THE LEGAL SYSTEM OF THE STATE

The new constituent entities of the Russian Federation have a significant economic potential, for the effective realisation of which the processes of legislation integration are crucial. One of the important tasks facing today is the integration of legal norms that were in force on the territories of the new constituent entities before they became part of the Russian Federation, in the sphere of land legal relations. Despite certain experience in integrating the land legislation of the Republic of Crimea and the city of federal significance Sevastopol into the Russian legislation, a similar process in the constituent entities of the Russian Federation adopted in 2022 has certain peculiarities related to the current political and economic situation, which should be taken into account as much as possible in the development and adoption of relevant regulations at all levels. Maximum transparency of the so-called rules of the game and a unified approach to this process in the sphere of land relations in all new subjects, undoubtedly, taking into account the regional peculiarities will contribute to their early integration and recovery of their economy.

Риски объектоспособности криптовалют в реалиях нарастающей цифровизации российской экономики

The high pace of development of digitalization processes of the national and world economy inevitably requires optimization and adaptation of the rules of civil and trade turnover to the changing operating conditions of traditional markets for goods, services and capital. Russian law in this direction has introduced new norms and even separate laws corresponding to the digital challenges of the economy, regulating the processes of circulation of objects of law in digital form with varying degrees of certainty. Cryptocurrency is one of these. However, Russian legislation still shows signs of legal uncertainty regarding the place of cryptocurrency in the system of objects of civil rights and obligations. At the same time, the recognition by Russian law of the global practice of identifying cryptocurrencies as a full-fledged alternative to fiat currencies creates risks for the national financial system of Russia. Particular attention is drawn to the risk of cryptocurrency acquiring unofficial payment power in the conditions of its uncontrolled circulation due to objective reasons. The latent nature of this asset cannot go unnoticed when developing a system of legal conditions for civil circulation of digital currencies. The method proposed by the legislator to protect the rights of cryptocurrency owners, which depends on the will of the subject of the right to disclose or not disclose information about the ownership of cryptocurrency and transactions made with it, allows us to speak about the aleatory nature of transactions with cryptocurrency. The noted problems do not allow us to talk about the completion of the process of searching for an answer to the question about the legal nature of cryptocurrency and transactions with it.

Иностранное судебное решение и его влияние на действительность арбитражного соглашения (анализ российского и иностранного опыта)

Introduction: the study examines the impact of a foreign judgment on the validity of an arbitration agreement. As part of the study, it was substantiated that a foreign court decision has the property of prejudice in cases where it complies with the conditions of recognition established by Russian legislation. The purpose of the paper is to study the impact of a foreign court decision on the validity of an arbitration agreement. Methods: special scientific methods including historical-legal, critical-legal, legal-dogmatic methods and the method of interpretation of legal norms; empirical methods of comparison, interpretation and description, methods of formal logic. Results: the analysis of legal doctrine, legislation, and court practice has shown that the conclusions of a foreign court on the invalidity of an arbitration agreement due to violation of the procedural legislation of the state do not have prejudicial force for international commercial arbitration (if the place of arbitration is the Russian Federation) and for Russian courts. Conclusions: the conclusions of a foreign court concerning the validity of an arbitration agreement are binding on Russian state courts only if the foreign court has established factual circumstances indicating the presence of a substantive defect in the arbitration agreement (for example, lack of legal capacity, conclusion under coercion, etc.). Moreover, due to the autonomous nature (‘severability’) of the arbitration agreement, the relevant party must prove that the substantive defect in question is covered by the arbitration agreement.

Environmental doctrine within the framework of legal regulation in the Russian Federation

This article analyzes and highlights the key provisions of the environmental doctrine of the Russian Federation. Environmental management is identified as a significant influence of economic globalization. The author summarizes the crucial role of developing and implementing a new environmental doctrine in the modern world, particularly within Russian legislation, alongside the introduction of relevant new norms into the country's environmental law. Through research in this area, the author concludes that it is now imperative to develop a new environmental policy. This urgency is underscored by the fact that many countries, including Russia, face environmental threats caused by climate change and industrial activity. This policy should become a national priority in the near future. The purpose of this article is to advocate for the preparation of a new environmental doctrine and new management mechanisms to balance environmental policy within the modern development conditions of the Russian Federation. The study emphasizes the importance of creating a new environmental policy and outlines the reasons and threats that heighten the relevance of this issue in the contemporary world.

Частный музей в пространстве культуры: проблемы определения и статистики

Private museums play an important role in the modern cultural space of Russia; their activities make a significant contribution to the preservation and actualization of cultural heritage. The study of private museums as a special typological group that developed in the post-Soviet period has a number of terminological and statistical issues. In the context of the legal insecurity of the name “museum” and the lack of licensing of museum activities, many private organizations call themselves museums, but at the same time they do not meet the definition of a museum in the Russian legislation and the definition of the International Council of Museums (ICOM). Despite carrying out some functions of a museum and practicing some types of activities characteristic of museums, they are not museums, but museum-type institutions — creative workshops, recreational or play centers, shops, etc. There is no term “private museum” in the legislation, and the measurement uncertainty of this category of institutions remains in the statistics. An analysis of the statistical reports of a number of European countries shows that the category of “private museum” in different countries has different content. In Russia, due to the peculiarities of conducting statistical monitoring of the museum sphere, private museums are not taken into account by means of state statistics. The problem of terminological uncertainty of a private museum also exists in museology: there is no single interpretation of this group of institutions, and its specific features and essential characteristics need further study and definition.

Legal Force of an Administrative Act: The Problem of Definition

The legal force of an administrative act determines its validity, affects the powers of an administrative body that adopted this act to change or cancel it, and the legal force makes the act binding on every administrative authority and every person interested in this act. This term has not yet been fully studied and is absent from Russian legislation. There are some questions about the implementation of the theory of the substantive and formal legal force of an administrative act into the doctrine. There are also problems of the relationship between the legal force of the original act and the act derived from it. It is necessary to clarify the possibility of using administrative discretion when resolving issues of the legal force of administrative acts. To research legal force of an administrative act, traditional methods of legal study were used, especially the historical-law method and the comparative law method, which are of great importance for this article. They have allowed to find Russian tradition, which has to be used to develop the doctrine of legal force of an administrative act, and the main foreign legal research on this subject could be compared with Russian thought and common features were discovered that could also be used to improve the Russian doctrine. As a result, the terms substantive and formal legal force should be returned to the Russian legal vocabulary, since they were used to describe legal force in our legal tradition. Interesting results can be obtained by comparing judgements and administrative acts, and the specificity of administrative acts will be emphasized. This way allows to apply some legal constructions characteristic of a judicial theory well developed in practice, including the “Roman basis” of the legal force of an administrative act. The division of administrative acts into void and voidable will make it possible to clarify ideas about their legal force, as well as the powers of authorities to amend or cancel such acts. The scope of administrative discretion when deciding questions of the validity of void and voidable acts will also vary.

Legal Regulation of Religious Relations as a Factor in the Reintegration of the Crimean Peninsula into Russia

The entry in March 2014 of the Crimean Peninsula into Russia has significantly changed the lives of the population of this territory, and also influenced international relations with the participation of the Russian Federation. However, so far the processes related to the complete transition of the Republic of Crimea and the city of Sevastopol into the domestic legal field have not been completed. In some sectors of the economy, the deadlines for the completion of such “transitional” measures are constantly being extended. At the same time, the religious sphere did not require significant changes. The changes that began in Ukraine after 2014, scandals and harassment against religious organizations, unthinkable in Russia, only strengthen believers in the correctness of their choice. The significance of this study is actualized by the prospect of passing through similar stages of adaptation of regulatory regulation and the practice of its application in the Donetsk and Lugansk People's Republics, Zaporizhia and Kherson regions. The purpose of the work is to compare the normative legal regulation of religious relations in Russia and Ukraine, as well as in the Republic of Crimea and the federal city of Sevastopol in order to formulate a conclusion about the degree of completion of the reintegration of the Crimean Peninsula into Russia. Research objectives: to study the Ukrainian legal regulation of these public relations in order to identify deviations unacceptable by the population of the territory in question; to search for similar norms in Russian legislation; to identify positive foreign experience; to determine the degree of activity of regional authorities in terms of support for confessional and interfaith relations. The main method of research, in addition to general philosophical and general scientific ones, was comparative law. The method of modeling and expert assessments was also used in the formulation of the main author's conclusions. According to the results of the study, it is stated that the reintegration of the Crimean Peninsula into Russia in terms of the legal regulation of religious relations has not begun, but rather continues, strengthened by measures taken by the law-making bodies of the neighboring state.

Legal regulation of robo-advisors in the Russian Federation

The development of the digital economy entails the emergence or transformation of already existing social relations that develop between investors and professional participants in the securities market in the financial market. Professional participants in the securities market began to provide their services to investors not only personally, but also with the help of artificial intelligence technologies. Such technologies include the use of computer programs — “robo-advisers” to provide investment recommendations. The introduction of such innovations in the financial market has inexorably raised the question of introducing legal regulation of public relations that develop when professional participants in the securities market — investment advisers with the help of “robo-advisers” provide consulting services to their clients. The author stated that the relatively recent emergence of public relations in the field of roboadvising causes difficulties in the conceptual apparatus not only in Russian science, but also in foreign. The article proposed the concept of a robot advisor (roboadviser) and roboadvising in both the theoretical and legal sense. The approaches of the states to the establishment of legal regulation in the national legislation of the provision of investment recommendations by “robo-advisers” were analyzed. The author identifies two approaches of states to the establishment of legal regulation: through acts of a recommendatory nature and through the adoption of special normative legal acts. It is concluded that the Russian Federation belongs to the category of states where the legal regulation of the provision of investment recommendations by “robo-advisers” is carried out on the basis of special regulatory legal acts. In the article, the author expressed the point of view, according to which the consolidation of the legal definition of a “robo-adviser” in Russian legislation seems impractical, due to the fact that it already has a mechanism for legal regulation of the provision of investment recommendations using computer programs (which involve the use of an auto-consulting algorithm), based on which a definition can be derived the term “robo-advisor”. Special attention was paid to the distinctive features of the Russian legal regulation of this area, including on the basis of an analysis of subordinate regulations issued by the Bank of Russia.