A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
LAW IN HISTORICAL REFRACTION. Legal Monuments
VECTOR OF LEGAL SCIENCE. Transformation of the conceptual foundations of training business lawyers in the context of digitalization
The article highlights the problems of achieving digital maturity by higher education organizations. The relationship between the categories “digital transformation” and “digital maturity” is shown. An overview of methods for determining the level of digital maturity of organizations is presented. It is argued that digital transformation is associated with a clear understanding of the goals of any digital transformation and the ability to assess the effectiveness of changes. On the example of the Kutafin University (MSAL), the experience of digital transformation of the university is comprehended. It is shown how, through the adoption of local regulations and the formation of an innovative infrastructure, the transition from digital literacy to digital maturity is being made in MSAL. It is emphasized that in order to carry out successful digitalization, it is necessary to implement a set of interrelated measures, such as the introduction of advanced information and telecommunications technologies, the development of digital infrastructure, the revision of approaches to education management, the change of higher school employees themselves. Based on a sociological study, the degree of awareness of students about the normative consolidation of the category “digital maturity”, its content and scope of application was revealed.
VECTOR OF LEGAL SCIENCE. Modeling of Smart-legislation “Legal regimes of economic activity”
The focus of this article is the analysis of the correlation of related categories: «state regulation», «self-regulation», «legal regime». The authors reveal their content, refracting it through doctrine and law. At the same time, the constitutive features of the category “legal regime” and its varieties are noted; self-regulation models of their modification are revealed, as well as trends and prospects for the development of the institution of self-regulation. Analyzing these issues, the authors come to the conclusion that self-regulation and the legal regime of economic activity are inextricably linked with state regulation and are its continuation with certain models of implementation. Self-regulation is introduced where the state decides to transfer its powers to self-regulatory organizations in certain areas of business or professional activity. The legal regime of economic activity is implemented by the state in cases where it is necessary to establish a procedure for regulation in a certain area of the economy.
This article analyzes the aspect of legal regulation of economic relations from the point of view of assessing the development of the business industry in modern geopolitical conditions. The author of the article assesses the need of adopting a number of legislative changes, which, in the opinion of domestic representatives of the executive and legislative authorities, will help maintain the stable position of modern business content, as well as preserve and secure its development. The author provides examples of the implementation of a number of legislative initiatives aimed at ensuring these security measures. The author pays special attention to aspects of the impact of these transformations on the social and legal status of market participants. The main conclusion of the study is that the legislator, when forming new principles or models of legal regulation of the foundations of business development, must ensure that the framework of what is presented in the modern economic space as an acceptable freedom of action is not violated by those who received higher priority.
Under the conditions of restrictive measures introduced by a number of foreign countries, there is an adaptation of the general legal regime of economic activity in Russia to external challenges. A certain role in this process belongs to antimonopoly regulation as it takes place in almost all areas of business relations. In this article, based on the results of an analysis of changes in the antimonopoly legislation in 2022 (withdrawal from antimonopoly regulation of small enterprises, etc.), as well as in approaches to parallel imports, legislative initiatives, positions of representatives of the FAS Russia, statistical data, the author comes to the conclusion that there are two trends in antimonopoly regulation that contribute to the development of the general legal regime of economic activity. On the one hand, measures are being taken to increase entrepreneurial activity, and on the other hand, approaches to price regulation are being tightened.
The article discusses the features of the legal regime of economic activity of non-profit organizations. It is proved that the legal regime of economic activity is determined by the peculiarities of the legal status and legal personality of non.
The article notes that currently, the Technical Regulations of the Eurasian Economic Union are in force and the previously adopted technical regulations of the Customs Union continue to operate. Technical regulations in order to ensure product safety, establish requirements for the manufacturer at all stages of production. The Technical Regulations of the EAEU and the CU are legal acts of interstate regulation, are acts of direct action, they are mandatory for application on the territory of all countries that are members of the EAEU.
Product safety requirements are checked by certification bodies when issuing a certificate of conformity. At the same time, technical regulations give them the right to exercise control in the production process. The state authorities control the products after they are put into circulation, but not the production process itself. Taking into account the considered features of control, the article concludes that the legal regime of the activities of economic entities engaged in entrepreneurial activity on the basis of technical regulations refers to the legal regime of special control.
Detection of unsafe products during inspection means a significant violation of product quality requirements. The article states that the seller should not be responsible for the identified deviations in products according to microbiological indicators. This violation is committed at the stage of the technological process of manufacturing the product, for which the manufacturer must be responsible. It is concluded that Article 14.43 of the Administrative Code of the Russian Federation needs to clarify the subject of responsibilit.
The article substantiates that entrepreneurial activity in the securities market and in the collective investment market has one special legal regime. The author identifies the general legal means used to regulate all types of professional activity in this area. The combination of licensing with mandatory membership in SRO is a specific approach for regulating entrepreneurial activity in the securities market and collective investments. At the same time, regulation of certain types of activities in these markets has certain features. Investment advisors have a simplified legal regime of activity. Exclusive activity regimes have been established for forex dealers, non-state pension funds and joint-stock investment funds. The necessity to unify the forms, procedure and deadlines for reporting of professional participants of the securities market and professional participants of the collective investment market is justified, due to the common regulatory objectives and similarity of indicators of such reporting. The author makes a proposal to introduce a special term — “professional participant in the collective investment market” to designate management companies, specialized depositories, non-state pension funds and joint-stock investment funds. It is concluded that in the future, the sanctions regime on the securities market and collective investments will cease to be extraordinary.
VECTOR OF LEGAL SCIENCE. Legal support of development activities
The article analyzes the changes in urban planning legislation aimed at establishing the institution of integrated development of the territory. The stages and features of the formation of the institute for the development of the territory in the Russian Federation are studied. The concept and key features of the integrated development of the territory, as well as the current legislative approaches and requirements for the implementation of this type of urban planning activity, are analyzed. A conclusion is drawn about the need to adopt state programs of the constituent entities of the Russian Federation, municipal programs for the integrated development of the territory for the purposes of implementing the mechanisms for the integrated development of the territory.
To date, construction has become one of the most popular and rapidly developing areas of the economy. The largest number of construction works within the framework of project activities is carried out in Moscow. Contractual regulation of participation in shared-equity construction in the structure of development activities can be firmly called not only relevant, but also a problematic issue worthy of deep scientific study and practical justification. The article defines the contractual regulation of participation in shared-equity construction in the structure of development activities based on the application of the norms of civil, business and corporate law, the author substantiates the importance of contractual regulation based on the application of the above relations as an additional legal mechanism for regulating development relations, some conclusions and individual proposals for reforming legislation are formulated.
VECTOR OF LEGAL SCIENCE. Startup movement
The analysis of the regulatory legal regulation of the Agrostartap grant at the federal and regional levels is carried out. The problem of complicating access to state support for grantees due to the inclusion of additional requirements not provided for at the federal level in the regional rules for the provision of grants has been identified. The features of startups in the field of agribusiness are determined. The main conditions for granting the Agrostartap grant are considered. The stimulating nature of grants in the form of subsidies to support startups in the field of agribusiness has been established. The practice of Russian courts on disputes from grant agreements has been studied and presented. The conclusion is formulated about the civil nature of relations related to the provision of state support in the form of grants to agricultural producers, as well as their complex legal regulation by the norms of civil and budgetary legislation.
The development of digital technologies, electronic interaction in small innovative enterprises has led to the emergence of new contractual typologies based on economic efficiency that meet the needs of business and professional entities through not only the exchange of information, but also a special financing procedure. The mechanism of «convertible loan» is the tool that allows startups at the initial stage of their activities to provide it in the future. This allows not only to technologically increase the role of the results of intellectual activity, developed and introduced into production, but, in general, the technical potential of the country.
VECTOR OF LEGAL SCIENCE. Startup movement
The success of the “Startup as a WRC” program is largely due to the effectiveness of combining the efforts of students and business representatives in the development and implementation of innovative technological projects. The prerequisite for such interaction in the field of LegalTech is the close study by law students of promising areas of digitalization of legal business. An overview of digital technologies that allow law firms to more effectively organize interaction with the client and improve the quality of services provided is presented. The conditions necessary for the functioning of a virtual law firm are listed, the main directions of automation of business processes of law firms are outlined, and the prospects for the use of artificial intelligence in legal practice are shown. The results of the study can be used by students when choosing business ideas for the implementation of startups in the field of LegalTech.
VECTOR OF LEGAL SCIENCE. Forensic-project “Audit & Compliance”
The article considers the legal status of the auditor as a subject of the services market. The concept of audit activity development is characterised; the main novelties of the legislation regulating audit activity at the present stage are highlighted. Attention is drawn to the transformation of the approach to the content of audit services as a basic category of audit legislation. The expediency of expanding and clarifying the subject of the audit, the formation of criteria for a mandatory audit, the problems of related services, as well as tax consulting as a related service of the auditor are analyzed.
The article discusses the features of state control and compliance as two models for ensuring compliance by business entities with mandatory requirements established by law. The concept, goals, subject, foundations of the organization and other aspects of state control and compliance are disclosed. Comparative characteristics of both models of control allows us to conclude that it is possible to use the basic provisions developed in the legislation on state control as a guideline for the development of standard documentation regulating compliance, as well as local acts of corporate organizations related to internal control.
VECTOR OF LEGAL SCIENCE. Family Entrepreneurship
The article examines the peasant (farm) household as a family enterprise in agriculture. Three types of peasant (farm) household are identified: an individual household, a non-legal entity, a commercial corporation, the procedure for their creation and the peculiarities of their legal status are highlighted as well. It is concluded that the peasant (farm) household, created in the form of a commercial corporation, is a special form in which elements of a full and limited partnership are combined. The property relations in the peasant (farm) household were analyzed in relation to each form. It is concluded that it is necessary to unify the liability of the household members for its obligations.
SCIENTIFIC RESEARCH
The article analyzes the new rules included in the Law on the development of small and medium-sized businesses on the development and content of the development program for small and medium-sized businesses (SMEs). The SME development program is characterized as a promising measure aimed at solving the problems of import substitution and expanding the access of SMEs to corporate purchases. The place of the considered rules in the system of anti-sanction legislation is determined. The conclusion is made about the emergence of a new form of support for SMEs — corporate support.
The article is devoted to the research of foreign experience of the legal regulation of the procedure of providing restricted access information contained in state information systems to third parties.
It is pointed out that in the European Union the law prohibits the disclosure of confidential information contained in the information system for monitoring the circulation of goods. In addition, in the EU it is not allowed to provide commercial services to third parties on the basis of data collected in the system from participants in the circulation of such goods According to the U. S. approach, information from government databases may be transferred to third parties at fixed tariffs, but this information must not be confidential. In the Republic of Turkey the legislation does not provide for the possibility of transferring restricted access information to third parties.
It is shown that the legal approaches of the Republic of Kazakhstan and the Republic of Uzbekistan have a similarity. The legal acts of both countries regulating the functioning of certain government information systems do not provide for the possibility of transferring restricted access information to third parties from them. Regarding the Republic of Belarus, it is concluded that in this country restricted access information from government information systems cannot be provided to third parties on the basis of the provisions of the legislation.
The successful development of the economy of the Russian Federation implies the stability of civil turnover, proper fulfillment by counterparties of their obligations. The rupture of economic chains leads to an avalanchelike bankruptcy of economic entities, deterioration of the investment climate in the country. The article analyzes the issue of the possibility of a legal entity (debtor), in respect of which a bankruptcy case has been initiated, fulfilling property (non-monetary) obligations in favor of counterparties under contracts concluded before the initiation of bankruptcy proceedings against the debtor. Such execution may create preferential satisfaction of the claims of individual creditors over others with whom there are also contracts not executed by the debtor. Justified that property grants from the debtor can meet the goals of restoring the debtor’s solvency, replenishing the bankruptcy estate in the interests of all creditors, and therefore creditors’ claims for the performance of property obligations in kind should be subject to judicial protection and enforcement throughout the period of the insolvent debtor’s economic activity.
In the program of studying the disciplines “Investment Law”, “Civil Law”, “Business Law” and a number of other disciplines, the issue of digital rights, a clear definition of their legal status in the system of objects of rights, the distinction between different types of digital rights, etc., is currently becoming a significant issue for study. This is especially important, given the tendency to increase the digitalization of economic turnover and, accordingly, the adaptation of the legal system, as well as those problems of legal regulation that are associated with a very large uncertainty and different approaches to determining the status of digital rights and their types. It is extremely difficult for students to understand a huge number of different, sometimes contradictory points of view. We have made an attempt to bring some clarity to this issue, taking into account the author’s position.
The article analyzes the issue of the differentiation of certain types of digital rights, the differentiation of digital financial assets and digital utilitarian rights from non-documentary securities, certain aspects of the regulation of such financial instruments in foreign legal systems, the current use and the possibility of using these financial instruments on investment platforms not only as a means of investing in the future.
TRIBUNE FOR YOUNG SCIENTIST
In the current economic situation, the creation of an effective entrepreneurial ecosystem plays an important role in the innovative development of the state. To ensure the stability of the Russian economy, it is necessary to develop institutions for the interaction of promising innovators who are at the beginning of their entrepreneurial journey with interested companies, government institutions and corporations. This article is devoted to the consideration of the domestic and foreign approach to understanding the phenomenon of “open innovation”, namely, the two main mechanisms of this model of interaction between small and medium business and large economic entities — a business incubator and an accelerator. Particular attention is paid to the empirical aspects of the implementation of this phenomenon in Russia.
Currently economic activities are complicated by the application of numerous and constantly changing foreign and Russian restrictive measures (sanctions). In this article the author presents the concept of formation of the sanction’s regime of economic activity and on the basis of the analysis of doctrinal approaches to the definition of the concepts of “sanctions” and “legal regime” offers a definition of the sanctions regime of economic activity. As a result of the conducted study of the doctrinal classification of legal regimes by the criterion of legal properties into ordinary and extraordinary, the author presented a justification for attributing the sanctions regime of economic activity to the extraordinary legal regimes on the basis of six qualifying characteristics is presented. The author draws a conclusion about the need for further study of the sanctions regime as a system formation with a special structure, constituent elements and content.
DIGEST OF THE FACULTY ACTIVITIES
OFFICE BOOKSHELF
LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals
LAW IN HISTORICAL REFRACTION. Legal Monuments
POST SCRIPTUM
ISSN 2782-6163 (Online)