Preview

Courier of Kutafin Moscow State Law University (MSAL))

Advanced search
No 8 (2023)
View or download the full issue PDF (Russian)

A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

VECTOR OF LEGAL SCIENCE. Startup movement

17-28 177
Abstract

The article shows the formation and identified the objectives of the program «Startup as a WRC». The experience of the Kutafin Moscow State Law University (MSAL) on the implementation of this project from the decision-making stage to the protection of the first works performed in the form of a startup project is presented. Taking into account the results of the full cycle of the «Startup as a WRC» program, the general principles of its implementation are formulated. Methodological and organizational proposals were made to improve the «Startup as a WRC» program.

VECTOR OF LEGAL SCIENCE. Entrepreneurship in the real sector of the economy

29-39 269
Abstract

The article highlights the measures of legal support for Russian entrepreneurship introduced at the federal level in the period from 2022. Financial and tax measures to support entrepreneurship, measures related to reducing the administrative burden on business, with the facilitation of the import of foreign goods are analyzed. The targeting of support measures is revealed, and it is expressed in two directions: in securing specific areas of the Russian economy, the subjects of which can use them (special attention is paid to the IT industry), as well as in supporting young entrepreneurs. The efficiency of the new measures taken, their significant number during the study period, as well as the adjustments taking place, indicating a shortage of Russian-made goods in some areas of the economy, were noted. In conclusion, an example of tightening the tax policy towards large companies, which reflects the country’s policy to support smaller market players, is given.

40-50 267
Abstract

The article highlights the problems of legal regulation of the aviation industry in Russia, caused by both external (critical dependence on imported technologies and components, damage from sanctions imposed by unfriendly foreign states and their unions) and internal factors (long time for aircraft production, outdated production infrastructure, lack of an aftersales service system). The author comes to the conclusion that the further development of the Russian aircraft industry depends on a balanced state policy, the effectiveness of the state support measures aimed at import substitution and localization of production, as well as on the use of legal instruments that meet the goals of state regulation to attract private investment, including foreign ones.

51-61 208
Abstract

The article discusses the debatable issues of determining the role and limits of participation of non-profit organizations in the real sector. Based on the analysis of the doctrine, legal acts and judicial practice, it is substantiated that the legal regime of the economic activity of NCOs is determined by the peculiarities of the legal status and legal personality of nonprofit organizations and most of them are participants in the real sector of the economy. At the same time, the legislation does not adequately regulate the mechanism for balancing the interests of NPOs and their counterparties, including consumers.

62-69 193
Abstract

The article discusses the main types of services as a subject of entrepreneurial activity. The literature discusses the ratio of works and services. The article gives the author’s definition of services. The features of the provision of services, a non-exhaustive list of which is listed in Article 779 of the Civil Code of the Russian Federation, are noted. The differences between consulting and information services are noted. The subjects of the provision of services and the requirements imposed on them (license, membership in a self-regulating organization) are indicated. Professional training is required for the provision of services, where appropriate. Examples of documentary confirmation of the qualifications of a person providing services are considered. Services are provided on the basis of contracts. The characteristic of contracts is given, as well as such conditions as confidentiality, quality of services, quantitative characteristics of services, ways of fixing the identified shortcomings of the quality of services are considered.

VECTOR OF LEGAL SCIENCE. Legal regimes of economic activity

70-79 214
Abstract

Restrictions on the Russian financial sector by foreign states, their associations and international organizations, as well as retaliatory measures on the part of Russia, in their entirety, can be described as a sanctions regime for doing business in the securities and collective investments market. The article reveals the main content of these sanctions restrictions and retaliatory measures. The sanctions regime is intended to become the basis for reviewing a number of principles of the organization and functioning of the securities and collective investments market. The restructuring of the international financial center established in Russia is required, based on the presumption that there is a risk of sudden unfriendly actions on the part of any of the foreign states or financial institutions, even if they are friendly as of today. Emphasis should be placed on the development of national institutions of the securities market and collective investments, which should largely be replaced by relevant foreign institutions. The principle of openness and transparency of the Russian stock market is subject to revision.

80-87 238
Abstract

The article examines the legal status of citizens who have filed claims in the bankruptcy case of a developer. The analysis of changes in the legal definition of the concept of “construction participant” in connection with the exclusion of legal entities from it is presented. The requirements of citizens satisfying their housing needs and citizens pursuing investment goals are differentiated. The conclusion is made about the identity of the legal status of construction participants who have both monetary and non-monetary claims to the developer. The legal positions of the Supreme Court of the Russian Federation on lowering the priority of the requirements of construction participants pursuing investment goals are analyzed. It is proposed to amend the Bankruptcy Law aimed at observing the principle of legal certainty.

88-95 141
Abstract

Bankruptcy tenders perform several functions that are aimed at maximizing profits, transparency of the procedure, protection of the private interests of creditors and the insolvent debtor. Contracts concluded at such auctions have significant business risks due to the high probability of their contesting by interested parties, possible legal defects of property and property rights realized at tenders, limited application of contract law to the requirements for the performance of contractual obligations in kind. Participation in the tenders means taking on entrepreneurial risks, provided that the information is disclosed in good faith by the y of bankruptcy officer. The protection of the tender winner interest is limited to the interests of the creditors of the insolvent debtor.

96-104 174
Abstract

The article outlines the main directions of development of auditing activities at the present stage. Positively assessing the prospects for the functioning of a single market for audit services within the framework of the EAEU, the author also predicts would be difficulties in terms of additional administrative burden on auditors and audit organizations. According to the example of the study of the essence of mandatory audit, the blurring of the risk-based approach in the implementation of external control over the activities of audit organizations providing audit services to socially significant organizations has been demonstrated. The practical inconsistency of certain preventive measures within the framework of state control in the field of auditing is illustrated.

105-111 143
Abstract

The article considers a new form of state influence on entrepreneurial activity, stimulating the conscientious behavior of entrepreneurs in various areas of the commodity and financial markets. The state policy aimed at promoting the implementation of the principle of good faith in contractual relations is due both to the emergence and development of new social relations and the introduction of digital technologies, and to sanctions pressure on Russia from unfriendly countries, which led to difficulties in fulfilling contractual obligations. The state supports the development of the institution of self-regulation, capable of ensuring the mutual interest of suppliers and buyers, customers and performers by developing advisory acts that explain the content of unfair and fair business practices. It is concluded that such documents are acts of unofficial explanation of the civil law principle of good faith behavior enshrined in the Civil Code of the Russian Federation.

VECTOR OF LEGAL SCIENCE. Digital Business, Self-Employment, Microentrepreneurship and Technologization of the Economy

112-121 230
Abstract

The achievement of the national goal of digital transformation of society is due to the availability of modern and high-quality digital services to a wide range of businesses, among which microenterprises and the selfemployed prevail quantitatively. In turn, digital business is in need of obtaining large amounts of data from business entities, the analysis of which makes it possible to make important management decisions and ensures the development of new digital products based on artificial intelligence algorithms. An overview of online services intended for self-employed and microenterprises, and used by them both free of charge and on a reimbursable basis, is presented. The conclusion is made about the symbiotic nature of the relations under consideration. Such risk factors as the self-employed and microenterprises becoming dependent on the digital services of large suppliers, as well as the impossibility for SMEs developing similar digital services to compete on an equal footing with “digital giants” are identified. The results of the study can be used to improve the digital ecosystem focused on the needs of SMEs and self-employed citizens.

122-131 205
Abstract

The fourth industrial revolution predetermined the digitalization of all spheres of life from the emergence of the Internet of things and 3-D printing to the creation of a single digital economic space. It is no coincidence that one of the priority areas of the Strategy for the Development of the National Payment System for 2021—2023 is the active introduction of innovative payment technologies and the expansion of the scope of electronic means of payment. Another confirmation of the dynamic development in this direction is the introduction of an additional digital ruble into the Russian economy, along with cash and non-cash forms of the national currency, legalized from August 1, 2023. Pilot projects on the use in the real sector of the economy of a qualitatively new financial instrument — a digital financial asset-turned out to be quite effective. The use of new digital financial instruments inevitably entails the need to form a new vector for the development of law, new legal relations formed under the influence of digital technologies. However, the legal nature of a digital financial asset is still not fully defined, the legal regulation is very contradictory, which significantly slows down the practice of its use and creates additional risks. This article discusses aspects of the positive impact of the use of digital financial assets in the real sector of the economy, prospects, as well as the risks of large-scale use of this financial instrument.

132-138 161
Abstract

Over the past decade, businesses across a wide range of industries have been taking action to explore and harness digital innovation. The ongoing digital transformation, i.e. the deep and accelerating transformation of the processes, activities and competencies of companies, allows you to take advantage of changes and entrepreneurial opportunities. The rapid growth of digital technologies is causing huge changes. Incorporating digital technologies into the business context presents serious challenges for companies. But at the same time, there are promising opportunities for entire industries and the subsequent emergence of completely new business models built on groundbreaking innovations. The author concludes that the benefits of digital transformation include increased productivity (and sales), innovation in value creation, and development of customer interactions.

139-144 199
Abstract

The article examines the legal basis for implementation of state control of entrepreneurial activity in the context of the digital transformation of public administration in the Russian Federation, reveals the main elements of information support for the control activities of state bodies provided for by legislation, as well as the features of the infrastructure of information interaction in the field of state control of entrepreneurial activity. The article deals with the formation of the digital ecosystem of state control and its legal regulation.

VECTOR OF LEGAL SCIENCE. Family & Women’s Entrepreneurship

145-154 162
Abstract

There is no perfectly developed institution of reorganization of family companies functioning as a family business organization and conducting entrepreneurial activity in any legal system in the world today. First of all, this is due to the fact that the object and at the same time the subject of this kind of legal relations are family companies, as legal entities, which, as you know, are a very abstract construction. Their status is not clearly defined by law. The article presents the essential features of the reorganization of family companies in the UK and Spain, which are identified as areas of progressive development of family entrepreneurship in the Russian Federation by improving the legislative regulation of the reorganization of domestic family companies.

155-161 137
Abstract

The article discusses the current aspects of the development of legal regulation of family entrepreneurship in the Russian Federation. Despite the importance of this form of economic activity for the economic sphere, there is a noticeable shortage of relevant legal norms in the legislation. The article outlines the organizational and legal forms of conducting commercial activities that are close in their legal nature to family entrepreneurship. The legal nature of the spouses’ business as an object of law is revealed. A special complex legal regime of the spouses’ business is noted, which is regulated by the norms of civil, family, entrepreneurial, corporate and constitutional law. It is emphasized that the legal regime of the spouses’ business is regulated at the level of both private and public law. Based on the recognition of the unsettled nature of family entrepreneurship as a key problem of the legalization of this phenomenon, the features of the further development of family entrepreneurship in the prevailing economic conditions are formulated.

162-168 193
Abstract

The article considers the legal aspect of the family business, as well as the prospects for its development. The concept of family business taxation is characterized and possible novelties of legislation that will regulate it are highlighted. Attention is drawn to the transformation of the approach to legislation on the tax regime for family businesses. The expediency of applying a special tax regime, as well as the problems of applying the general regime by business entities that carry it out in such a form as a family business, are analyzed.

SCIENTIFIC RESEARCH

169-179 196
Abstract

In the article, based on an analysis of the totality of law enforcement decisions on a single incident, successively issued by the antimonopoly authority and arbitration courts, the formulated positions are assessed and the legal problems arising in connection with this are examined, taking into account the legal principle of the balance of interests. A critical assessment is found by law enforcement conclusions about the impossibility of extending the deadline for accepting bids at public auctions when they expire. The author, including as a direct participant in the proceedings under study, argues that it is inadmissible to artificially expand the scope of control by the antimonopoly authorities over public auctions. The analysis can be used to formulate legal positions in the process of contesting both auctions in enforcement proceedings and bankruptcy auctions.

180-189 232
Abstract

The article discusses the principles and features of legal regulation of procurement of agricultural products for public needs, including the grounds and measures of civil liability. The conclusion is formulated about the expediency of participation in state contracts only of agricultural producers engaged in commodity production. It is proposed to consider supply contracts and contracts for state needs as legal forms of procurement of agricultural products for state needs. The author comes to the conclusion that there is a need to update special legislation and bring it closer to the legislation on the contract system and other laws.

190-198 188
Abstract

The article analyzes some elements of the way of Russia’s industry to the technological design of “Industry 4.0” through the prism of artificial intelligence, industrial Internet of things, “smart” manufacturing and robotics. The author comes to the conclusion that these practical embodiments of the idea of “Industry 4.0” already raise a number of ethical and legal questions — the need for: developing a new notion of the “source of increased danger” / “ultra-hazardous activity”; elaborating new subjects of responsibility for the harm caused; determining a person’s place in “smart” production in the context of the emergence of new, atypical forms of employment (for example, platform employment); searching for new guarantees of human employment, etc., which require answers.

TRIBUNE FOR YOUNG SCIENTIST

199-207 267
Abstract

The concept of corporate control depends on the scope of application. For instance, an economist may reveal corporate control through the economic power over the corporation, and a lawyer through corporate rights. At the same time, the legal doctrine has not developed a dominant approach to the definition of corporate control. Therefore, it is necessary to establish the origins of the doctrine of corporate control in foreign and Russian science. The author in the article summarizes the key positions of scientists on the issue under discussion and identifies the difference between the domestic approach and Western legal systems

PEN TEST

208-215 199
Abstract

The article raises the topic of mentoring support for young entrepreneurs and one of the important problems in the form of the lack of a clear system and sufficient legal regulation of mentoring when entering the business. It is believed that this topic is subject to its further development and formation, since mentoring is one of the popular support measures that promote the entrepreneurial activity of young people, as well as the stability and growth of the economy.

DIGEST OF THE FACULTY ACTIVITIES

LAW IN HISTORICAL INTERPRETATION

LAW IN HISTORICAL REFRACTION. Legal Monuments

POST SCRIPTUM



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)