The article examines and analyzes the basic principles of regulation of business activities. The characteristics of such principles as the principle of social justice, the principle of state control (supervision) and municipal control, the principle of stimulating conscientious compliance with mandatory requirements, the principle of mutual assistance and protection of interests, the principles of tax regulation of business activities are given. Attention is drawn to the need to transform the approach to maintaining fairness and balance of these principles.

The article presents the parameters of family entrepreneurship, characterizing it as a socio-economic phenomenon. The question of the expediency of further differentiation of the legal regime of small and medium-sized enterprises through the legalization of family enterprises and the formation of separate norms regulating their activities is raised. The results of the analysis of the current state of scientific research in the field of public relations are shown. The regularity of the appearance of scientific and educational publications on the legal regulation of family business has been revealed, which allows us to test options for future legal structures and propose approaches to the legal regulation of family entrepreneurship. The role of family entrepreneurship in achieving the national goals of the Russian Federation is defined.

The article examines its key groups from the point of view of the need for legal support for the balance of interests in bankruptcy. The author formulates a system of legal means for eliminating the unfair opposition of nominal property to the legitimate interests of the bankruptcy estate of the debtor as the actual owner of the withdrawn asset, describes the elements of the legal model for achieving a balance of interests and presents possible legal approaches to resolving problems of limitation of actions and relative creditor challenge when refuting the grounds of nominal ownership in  relation to insolvency.

The article analyzes the problems of satisfying creditors’ claims in bankruptcy proceedings. In the context of a conflict of interests of creditors caused by insufficient property of an insolvent debtor, the search for an optimal model for satisfying their claims was carried out. Common conflict situations arising between pledgees and authorized bodies have been identified. For example, in cases of satisfaction of claims for mandatory payments secured by the seizure of a taxpayer’s property. The tax authorities, as current creditors, also file claims for payment of income tax, property tax and land tax. The legal positions of the Constitutional Court of the Russian Federation are analyzed. It is concluded that it is necessary to eliminate the imbalance of interests of collateral creditors and authorized bodies, and restoration of the security function of the pledge.

The article discusses current issues of business insurance protection in the context of digitalization. New proposals of insurance market entities have been studied in detail — remote sale of insurance products both on their own online resource (usually the website of an insurance organization) and on specialized financial platforms, resolution of insurance cases through telecommunications innovations, settlement of pre-trial disputes via the Internet. The authors analyze the advantages and disadvantages of various types of insurance services for entrepreneurs, as well as measures taken by the state to stimulate the development of the insurance market and the desire of entrepreneurs to use insurance protection on a voluntary basis.

This article analyzes the key legislative acts adopted following the completion of the next large-scale stage of reform of control (supervisory) activities, from the perspective of considering in them the problem of the relationship between private and public interests, as well as finding a balance in their provision during the socio-economic crisis. The author focuses on issues related to updating the system of mandatory requirements for business as part of the implementation of the “regulatory guillotine” mechanism, taking into account the introduction of digital technologies into the established sphere. The result of the work is the conclusion that, taking into account the complex nature of business legislation and the need to maintain economic growth rates in conditions of a socio-economic crisis, the main task of the state is to create a favorable business, investment and entrepreneurial climate, including through compliance with reasonable legislation balance of public and private interests.

The article explores the important aspects of the development of legal regulation of environmental entrepreneurship in the Russian Federation in the framework of interaction between the state and business. The relevance of the study of legal regulation of ecological entrepreneurship in the Russian Federation is conditioned by the ongoing changes in the sphere of politics, economics, law and ecology. Despite the importance of this form of economic activity for the development of the economy in its crisis state, there is a noticeable shortage of legal norms in the legislation, the subject of regulation of which would be environmental entrepreneurship. The article reveals the basics of state policy in the field of ecology, examines the problems of interaction between business and the state. It is emphasized that the level of development of the sphere of ecology largely determines the process of economic activity, which directly involves natural resources, directly using them as the main means of profit making and often having an indirect negative impact on the natural environment.

Experimental rulemaking, which has spread in recent years, has largely covered the national banking system. The experiment in the field of partner financing, introduced by Federal Law “On conducting an experiment to establish special regulation in order to create the necessary conditions for the implementation of partner financing activities in certain subjects of the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation”, is characterized by an original character here. In this regard, the study of the elements of the legal regime framing this experiment, the identification of its features, as well as “bottlenecks” and the search for ways to minimize them, becomes extremely relevant.

In the article examines the problem of applying the legal interpretation of the concept of “conflict of interest,” including as applicable to legal relations in the stock market. Such concepts as the fiduciary duties of a trustee, the controversial nature of the legal definition of a conflict of interest through the concept of personal interest are considered. The need for further development of the prudential regulation system and a more specific definition of the criteria for the fiduciary duties of the principal in the securities market are substantiated. The possibility of introducing into Russian practice the approach used in the common law system is analyzed. According to this approach, only proof of the fact of dishonest fulfillment of fiduciary duties, such as loyalty, due diligence and information duty can serve as a basis for prosecution in the event of a conflict of interest, but not the establishment of the fact of personal interest. In particular, from this point of view, the fundamental rule of the common law system applied in the stock market is considered — to fully rely on the information (i.e., a situation completely opposite to the approach that has developed in Russian law in relation to identifying conflicts of interest) provided by the broker to the client, and to expect, that he will perform his duties with all competence and due care. The author substantiates the greater effectiveness of the approach of establishing a presumption of conscientious fulfillment of fiduciary duties by a trustee and bringing to responsibility only if the contrary fact is proven.

Before joining the Russian Federation, the Donetsk and Lugansk People’s Republics already had their own, Russia-oriented, experience in legal regulation in the financial market. The Zaporozhye and Kherson regions are moving into the Russian legal field directly from the law of Ukraine. The Ukrainian legislation, focused on the law of the European Union, provides for a wider range of equity securities than the Russian one, it is also clearer and more structured, therefore, an investor in the securities market, according to the author, will feel more comfortable in the Ukrainian legal field than in the Russian one. However, Russia has a longer experience of legal regulation of modern stock market instruments and the application of relevant norms. The effective integration of new regions into the Russian legal field would be facilitated by the streamlining of legal norms in our country concerning the institution of securities.

The article outlines the range of problems facing the Russian pharmaceutical industry as a segment of the real sector of the economy that ensures the health of the population. The necessity of an integrated approach to the formation of a model for the organization of scientific research, innovation and production activities in the designated area is substantiated; an organizational model is proposed that ensures the development and production of innovative medicines; individual legal measures aimed at increasing the effectiveness of state support for the development and production of innovative medicines (normative consolidation of the concept of an innovative drug and a scientific and technological consortium, the inclusion of scientific and educational organizations of higher education among the subjects of industrial clusters). The results of the research can be used in law-making activities and public administration practice.

The article examines the features of the current legislation in case of early termination of concession agreements, as well as analyzes the ratio of general and special rules on this issue. The position on the application of Part 5 of Article 15 of the Federal Law No. 115-FZ dated July 21, 2005 “On Concession Agreements” regarding the concessionaire’s right to demand reimbursement from the concedent for the creation and (or) reconstruction of the object of the concession agreement in case of early termination of concession agreements out of court is substantiated.
Problematic aspects of reimbursement of concessionaire’s expenses during termination of concession agreements in court are revealed. It is proposed to amend the Law on Concession Agreements to clarify the norm on reimbursement of expenses to the concessionaire in case of early termination of the concession agreement in case of complete or partial violation by the concessionaire of the essential terms of the agreement. On all issues considered, the author gives examples from judicial practice.

Since 2021, the integrated development of the territory has been a key area of urban development designed to ensure the renewal and efficient use of territories, and represents a unique mechanism that includes many measures aimed at stimulating the activities of investors, citizens and authorities, allowing for a significant acceleration of the construction process, economic development, including through attracting private investment. The effectiveness of the implementation of the CRT is achieved solely by ensuring a balance of private and public interests. The article examines the grounds and consequences of establishing a zone of integrated development of the territory in the absence of the necessary legal regulation of the fact determining the moment of the beginning of the implementation of integrated development of the territory. The establishment of a zone of integrated development of the territory determines the formation of a special urban planning regime, the essence of which is revealed by the author. An analysis of legislation and judicial practice indicates that the establishment of a zone of integrated development of the territory significantly limits the variability of actions of right holders of land plots that fall into the zone of the KRT, and enters into dissonance with the purpose of the KRT, which involves attracting extra-budgetary sources of financing for the renovation of built-up areas. The need to improve the CRT mechanism has been identified, taking into account the needs of all stakeholders in ensuring sustainable and harmonious development of territories.

 The article examines the legal aspects of the activities of innovative development institutions. The range and levels of innovative development institutions currently operating in Russia are determined, their organizational and legal forms and types of activities are analyzed. The author’s  classification of innovative development institutions is formulated, which,  depending on the legal nature of support measures, can be financial,  infrastructural, expert and protective. The directions of improving the legal  basis for the functioning of innovative development institutions are proposed. 

The sustainability of the agricultural sector of the economy is traditionally associated with a set of government support measures, among which public procurement interventions occupy a significant place. The article focuses on the importance of government procurement interventions for price regulation in the agricultural products market, which helps to ensure a balance of interests of its participants.
The mechanism of public procurement transactions is considered, the problems of legal regulation are identified, including the lack of transparency in the selection of a procurement agent to the state intervention fund, the lack of a regulatory period for the start of public procurement transactions, and the difficulty of access to stock trading. Proposals have been formulated to improve the legal regulation of this sphere of relations.

With regard to the discussions circulating among practitioners, retailers and the scientific community on the idea of launching a new state-owned retail chain in Russia, the article analyzes approaches to the legal framework of state-owned retail chains in Brazil, North Korea and China, which adhere to diametrically opposite arguments regarding their activities, which, of course, is useful for the Russian scientific and practical community to know. The author comes to the conclusion that the idea of state-owned retail chains is discredited as having tendencies towards bureaucratization, corruption, the formation of an incorrect distribution of national wealth, poor organization of their activities, rooted not in the phenomenon itself, but in the minds of the people who lead them into life, many of whom are greedy and always look for and often find loopholes in the laws. Thus, further development of existing digital mechanisms in the form of assessment systems based on econometric approaches as Computable General Equilibrium (CGE) will solve this problem.

The article examines problems that have emerged in practice related to the interaction of marketplace owners with sellers, buyers and other participants when concluding and executing contracts for the sale of goods on digital commodity platforms. The concepts of a digital platform, marketplace, and information aggregator, which have not received an unambiguous solution in legal acts, are defined, the legal status of the owner of the marketplace is investigated, and a negative assessment of the state of legal regulation of relations developing on digital product platforms (marketplaces) is given. A mechanism for legal regulation of the relations under consideration is proposed, which allows not to limit the development of marketplaces and at the same time ensure the coordination of the interests of marketplace owners as entities with significant market power with participants in transactions on digital commodity platforms.

There is no uniformity of terminology in relation to digital (electronic) trade at the legislative level and in the doctrine. To solve the abovementioned problem, it is necessary to determine the legal nature of electronic commerce, its effective implementation in order to ensure a balance of interests of participants in digital trade in Russia. It is concluded that the process of digital trade development cannot fully develop and maximize the interests of participants due to the lack of an appropriate regulatory framework in this area of entrepreneurial activity.
In the scientific work strategic directions for ensuring a balance of interests of participants in digital trade are identified, individual conclusions and proposals are formulated.

The article examines the problems of legal regulation of the remote method of selling goods in the context of the development of digital technologies and electronic commerce. Special attention is paid to the analysis of the legal features and peculiarities of remote trading, primarily using the Internet. The absence of significant administrative barriers involving strict state regulation of electronic commerce not only contributes to its development, but also, as judicial practice shows, generates negative consequences related to the protection of the rights of its participants. The author concludes that the balance of public and private interests in this case can been sured by creating a uniform terminological apparatus in the field of distance trading, more detailed regulation of the rights and obligations of its participants, and improving dispute resolution mechanisms.

Beneficial ownership creates risks for third parties and the beneficiaries themselves, as well as for the international and national economy as a whole. Transparency of asset ownership is of particular importance for the real sector, which contains the most important production and other resources for the interests of the country. The global trend towards transparency as a condition for access to various transactions and legal actions is manifested in domestic legislation and judicial practice through the use of various legal mechanisms (mainly encouraging beneficiaries to disclose the ownership structure of assets). The interdisciplinary significance of the category of “beneficial ownership” requires the development of a uniform approach to determining the legal status of beneficial owners and controlling persons.

The main task of management in a corporation is to ensure a balance of interests of all subjects of corporate relations. An important aspect is the search for legal instruments that will ensure this balance in a certain economic society. Such funds are contained in the current legislation, developed by judicial practice, and can be fixed in the company’s charter. The purpose of the study is to identify the most effective means to ensure a balance of interests of shareholders (participants) and members of management bodies in a business company at the present time. The article also analyzes the legal means that are fixed by the sanctions regulations, and the relevant conclusions are drawn.

In modern conditions of business turnover, characterized by the desire of business entities to achieve the benefits and goals of social corporate responsibility, the issues of preserving the balance of interests of parties that have a diversified status are of particular relevance. Such subjects include the general director, who is simultaneously a management body, an employee and a taxpayer, being in relations with a business company regulated by both corporate, labor and tax law norms, which allows to qualify his status as a diversified one. The issue of correlation of the norms of three branches of law in relation to the status of the chief executive officer (CEO) through the prism of the institute of civil liability in the form of compensation for losses caused to the company by incentive (bonus) payments to the CEO is considered. The article assesses the law enforcement practice in disputes concerning the recovery of this category of losses from the director, where the courts give priority to the norms of corporate law without taking into account the explanations of the Constitutional Court of the Russian Federation on the unconditional right of an employee to receive bonuses, which are a variable component of salary. The court approaches are analyzed and their justifications are given with regard to the inclusion of the amounts of personal income tax paid by the company to the budget of the Russian Federation into the damages recovered from the CEO. The conclusions are made about the priority importance of labor and tax legislation norms in correlation with corporate law norms when applying the institute of directors’ indemnification for losses. The results of the study can be used for the development by the Supreme Court of the Russian Federation of appropriate explanations to the courts of lower instances on consideration of disputes on the recovery of losses from the sole executive body of a business company.

The article is devoted to the general method of protecting a corporation participant. Based on scientific literature, a theoretical foundation for the considered method of protection was established. The author suggests approaches to interpreting current legislation based on the level of control exercised by the subjects defending the right.

On November 15, 2023, the Presidium of the Supreme Court of the Russian Federation approved the “Generalization of judicial practice on corporate disputes on the provision of information by business companies.” In one of its points, attention was drawn to the need to clarify the position on the issue of the possibility of requesting information from the society by its former participants. The scope of rights retained by former participants in relation to business companies from which they left, were excluded or left for other reasons, in itself is of undoubted interest. Such rights cannot be unlimited and must ensure the property interest of former participants.

The article examines the problems of legal regulation of surrogacy in India, which are not least associated with such phenomena as medical tourism and the “commercialization” of the female body. “Reproductive” tourism in India in the context of commercial surrogacy, starting in 2002, led to numerous scandals and calls to stop the exploitation of women from lower social classes, which ended with the adoption of the first surrogacy law in 2016, which introduced the concept of altruistic surrogacy and Commercial surrogacy is completely prohibited. Although some restrictions have been lifted in subsequent legislation, the debate surrounding altruistic and commercial surrogacy continues, partly because surrogacy is a relatively new concept in India. With the assisted reproductive technology industry so dominant, a “compensatory” approach to solving the problem is needed, analysts say. Recent changes to India’s surrogacy legislation in 2024 to allow for donation from entities other than married couples mean new regulatory issues for surrogacy that are yet to be resolved.

The article provides a historical and legal analysis of the development of Islamic trade law under the influence of secular European trade law. It was concluded that until the second half of the 20th century the influence of European trade law on Muslim legal orders was one-sided. Initially, the penetration of secular European trade law into Islamic commercial law was carried out through the law of medieval merchants (lex mercatoria). From the beginning of the 19th century the reception of secular European trade law was determined by the active colonial policy of European states (the model was the French system of trade law, reflected in the Napoleonic Commercial Code). Only at the end of the 20th century international commercial practice began to take into account Islamic contractual structures, as well as religious prohibitions and permissions of Sharia.

The article considers the economic security of a commercial corporation as a principle of corporate law, formulates its concept and main features. The necessity of institutionalization of this principle in corporate law to improve the sustainability and competitiveness of companies is emphasized. The interests of the corporation in the context of their priority importance for corporate governance and resolution of corporate disputes are considered. The specificity of threats to economic security depending on the organizational and legal form and public or non-public status of the company is proved. The necessity of development of corporate responsibility according to the restitutive model with simultaneous development of legislation and practice of application of retributive measures has been substantiated. The article analyzes Russian and foreign experience and emphasizes the importance of integration of private and public legal mechanisms for effective risk management and threat prevention.