In the article, development institution is considered from its legal form and nature, in which it can and should carry out its activities, namely, as a subject of public law. The relevance of this article is expressed by the introduction in the Russian law of a public law company concept, which is a new alternative to state-owned corporations. On July 3, 2016, Federal Law No. 236-FZ “On Public Law Companies in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation” (with amendments and additions) was adopted. After its adoption, a new wave of discussions began to take place on the active use of such concepts as a legal entity of public law in Russian legislation. At the legislative level, it became necessary to implement general principles regarding legal entities of the same type in the framework of the legal matrix, into which it is possible to attribute all known subjects of law.
Vol. 22 No. 2 (2020)
Published: March 15, 2020
Due to the development of distributed ledger technology and other related innovative technologies, in the coming years we will face the disappearance of many old management functions - and the emergence of new ones. The future of the profession of notary is only one private case within a truly global trend. At the XI Gaidar Forum, in January 2020, the section ‘Legal Education and the Labour Market. Transforming or stagnating in the digital economy?’ was devoted to this topic. The article provides a number of examples of how various digital technologies help to more effectively implement the functions performed by ‘human lawyers’. Chat bot robots are considered, which are increasingly being used in a number of sectors to perform legal tasks. Examples (in particular, the UAE) are given as governments try to simplify the work of their legal services using the latest technologies. Next, the authors analyze how the obligations and rights of the parties involved in the contracts are currently being fulfilled, and then assess the possibility of optimizing these procedures using smart contracts. The startup is described, thanks to which users from 188 countries can sign, send and manage documents at any time, anywhere, on any device, surely and confidentially. The article analyzes the current situation in which neither judges, nor lawyers, nor jurors, as a rule, do not have the necessary knowledge of technology to make competent judgments in the relevant cases. At the same time, the number of litigations on complex technological issues is increasing. The article details Oracle's legal process against Google. The authors conclude that lawyers will have to obtain interdisciplinary competence in the near future. They stand in solidarity with Elon R. Musk's view on the need for proactive AI regulation. The issue of correlation of legal norms and requirements of a new technological order in the article is illustrated by an example of a confrontation between the California Department of Motor Vehicles and the state attorney general with Uber over the activities of its self-driving cars. In conclusion, the authors urge to combine efforts and assess the consequences that the emergence of digital technologies has for the legal market and for the legal education market.
Articles
p. 16-21
Participation of social movements in the innovative development of the population's life safety system
The article analyzes the promising directions of development of social movements to support the innovative evolution of the population's life safety system. The key aspects of the activities of veterans organizations aimed at the transfer of life and professional experience are considered. The assessment of practical experience and prospects of joint actions of volunteers in areas of large-scale disasters with the use of the latest innovative technologies is carried out. The role of social movements in the implementation of modern approaches in the education of younger generations, increasing the involvement of all segments of Russian society in the formation of a culture of life safety and improving the new quality of socio-economic development of the country's regions is studied. Based on his own practical experience, the author comes to the conclusion about the absolute effectiveness of cooperation between the state and public organizations, involving volunteers in ensuring the safety of life. The analysis of the necessary measures on the part of the state to ensure full cooperation with volunteer movements is carried out, and a set of measures to achieve these goals is proposed. Creation of stimulating conditions for public voluntary fire protection associations at the level of the Russian Federation’s regions as a unique public-rescue institution is noted.
The article considers strategic planning practices in Russia since the transition to market economy. The authors assess the outcomes of federal strategies and the possible causes of their incomplete implementation. The study reviews the development of legislation on strategic planning and the problems and contradictions associated with the implementation of the laws, including the subfederal level. The course of development of the project format of strategic documents (national projects, etc.) and the reasons that led to the strengthening of its role, despite the lack of legislative registration, are also presented. Based on the results of the review, a characteristic is given of the current state of the strategic planning system, which is assessed as unstable and transitional, and possible directions for its further development are noted.
The article presents various approaches to the concept of ‘digital economy’, offers the author's definition, identifies the features of state protection of competition in the context of digital economy, describes the procedure for conducting economic activities and maintaining competition in the commodity markets in the context of the development of information and communication technologies, reveals the features of the state mechanism for protecting competition in the conditions of digitalization of production of goods and services. It justifies the need to develop a holistic organizational and legal mechanism of public administration, taking into account the processes of globalization of the digital economy, and the need to change legislative approaches to ensure that new entities are taken into account in the field of competition and the coverage of public relations. Analyzing the normative legal acts of the Russian Federation related to the concept of Big Data and the processing of large amounts of data, the authors come to the conclusion about expediency of amending the clauses of the Decree of the President of the Russian Federation ‘On the Strategy of information society development in Russian Federation to 2017 - 2030’ in the part on definition of the digital economy.
Articles
p. 42-47
About the priority measures taken by the state authorities of Russia in connection with the spread of coronavirus infection
The article deals with the work of Russian state authorities during the period when a new coronavirus infection (SARS-CoV-2, previously - 2019-nCoV) threatens to spread and enter the national territory. The algorithm of work and the practical measures taken to combat infection from the point of view of the requirements of the national security Strategy of the Russian Federation, as well as Federal and regional regulatory legal acts in terms of protection are analyzed. The issues of the formation of special temporary governing bodies, the goals and objectives of their activities, as well as the forms of work used: monitoring the situation, rulemaking, interagency cooperation, building up forces and means to combat the pandemic, using the information and technical base, informing the population, supporting certain sectors of the economy and certain categories of citizens are considered. Conclusions are drawn about the organized, complex and interdepartmental nature of the events, the need to improve legislation in terms of establishing legal liability for offenses under the quarantine regime, creating conditions to prevent unjustified price increases for certain types of goods, systematically informing the population and preventing the spread of false rumors, the need to support certain sectors of the economy and certain categories of citizens.
Russia and the world are experiencing a pandemic that is unprecedented in modern history in terms of the number of cases and socio-economic consequences. The article discusses the features of the statistical accounting of morbidity and mortality and how much they could affect the available estimates. The authors believe that the fixed incidence of the population obeys the laws of the distribution of innovations and depends on the structure and interaction within regional communities. According to the above calculations, if current conditions remain, the maximum number of infections can exceed 160 thousand people, and the end of the epidemic should be expected no earlier than mid-June. We are now at a stage of exponential growth and diffusion across the country. In general, in Russia, the closure and bankruptcy of 50-60% of firms in 2020, according to the most pessimistic scenario, is fraught with a fall in GDP by 3-10% for the year.
The paper analyzes current issues of legal transformation in the context of digitalization. It is noted that, despite the existing and undeniable opinion of experts on the importance of digital transformation of law, this issue is not sufficiently developed, there is no consensus on what exactly this transformation should be expressed and whether the legislation has a sufficient degree of adaptability. Meanwhile, the ability of the law to adapt to the requirements of the digital age has an impact on ensuring the positive development of the digital economy, on clear processes for implementing ‘digit' and on minimizing possible risks. The author pays main attention to the directions and stages of adaptation, determination of the legal status of digital technologies, their protection capacity and delinquency. The author identifies four components of adaptability of modern law and suggests evaluating it in two main directions: legal categories and institutions and private issues of technology regulation. Special attention is paid to the issue of copyright in the field of technology, but it is emphasized that first of all, the legal nature of the rights to the products of digital technologies should be determined. Based on expert assessments, key parameters of legal regulation of digital technologies and their products are determined and the need to supplement civil, financial and information law with new categories and institutions is justified. It is emphasized that the digital economy requires the development and adoption of fundamentally new legal structures. In addition, their development requires the efforts of the entire international community to ensure the universality of the law.
The article is devoted to the study of the principles of the possibilities of applying BIM-technologies in law. The authors explain the concept and meaning of BIM modeling in general, noting that the BIM method, originally developed for information and functional modeling of buildings (in the construction sector), is now actively used (in significantly more complex modalities) in a variety of other areas. The article presents the author’s concept explaining the essence of the technology of the digital models-doubles (BIM). The work is based on the use of research methods of analysis and synthesis, induction and deduction, classification and modeling, observation. Using these methods, the distinction characteristics were described and the features of the method of digital models-doubles (BIM) in legal science and practice, its goals and the possibility of its application were predicted. The need for the development of universal platforms and the creation of universal prototypes, templates, formats, matrices and sets of tools, including concepts, methods and tools for processing, archiving, saving and storing data, is noted. The authors set out in detail (in the author’s concept) the possibilities, goals, methods and features of applying the method of digital models-doubles (BIM) in law.
Articles
p. 70-79
Evaluation of management tools for stimulating the investment climate in Russian regions
The influence of management tools on the development of the territorial investment climate is assessed ambiguously by scientists and experts, as evidenced by the literature review conducted in the article. Analysis of thematic works revealed a significant scatter of scientists' opinions regarding the role of management in the development of the investment climate. The lack of methodological unity significantly complicates the possibility of a comprehensive valid assessment of managerial tools of the regional investment economy. Assuming the possibility of the influence of the managerial factor on the development of the business climate of the Russian regions, the article proposed and tested a comprehensive approach, including, in particular, a survey of investors, entrepreneurs and employees of regional project offices regarding the state of the investment climate management system in the regions. The study showed that the importance of the managerial factor in the regional investment policy of Russia is significant, but it manifests itself most explicitly during large-scale crises and turbulence of the economy. A growing degree of satisfaction with the state of the regional investment climate, as well as an increase in user complaints about the efficiency, speed and quality of functioning of the established management institutions were also revealed. A survey conducted by the author of the staff of the regional project offices made it possible to determine the difficulties of the performers in managing the development of the regional investment climate, namely: insufficiency of material and technical and technological support for the work of design offices; low competence of employees with their functional congestion; lack of involvement in the work of attracting investments of specialized organizations, municipal administrations; different level of regional digitalization.
Articles
p. 80-84
Mechanisms for deepening trade, economic and investment cooperation between the SCO and EEU countries (on the example of Uzbekistan)
The article discusses the issues of interaction between Uzbekistan and the states that are members of the Shanghai Cooperation Organization, the Eurasian Economic Union, on trade, economic and investment issues. The authors hope that Uzbekistan's acquisition of the EAEU observer status will allow establishing a dialogue with partners and getting acquainted with the mechanisms of the EAEU functioning, using the developed transport and communication system of the Eurasian economic Union, which provides the shortest routes between Europe and Asia, access to markets and sea routes of the Middle East, China, Russia and Europe. The authors also draw attention to the obstacles that states have to deal with in the process of interaction: inconsistencies between the legal framework and technical standards of different countries.
The article is focused on cultural plurality as one of the essential features of contemporary stage of globalization. It reflects both differences and similarities between European and Russian cultures in the context of global cultural plurality and defines the demands that relate to interdisciplinary research in this area. In the study, the theoretical and methodological principles of research on cultural specificity are considered; the paradigm analysis is applied to study global cultural plurality, the specifics of individual cultures, and their comparison. The article focuses on the cultural determinants of the relationship between Russia and Europe, comparing the cultures of these multinational actors, their cultural forms, characteristics, and value orientations. In the research, we used the works of famous scientists. The sociocultural approach is necessary to study the intercultural relations, which at a fundamental level lead to the organization and functioning of relationships in modern society. Problems in the sociocultural sphere cause difficulties in various spheres of human activity. The close and complicated relationships that have developed over the years are too valuable for both cultural worlds to neglect them in the modern situation, where globalization took one of the essential places. The information, which was obtained in the course of research, is used to justify specific intercultural problems, and helps to apply a deeper approach to concretize the problems. Nowadays, the cultural sphere is closely connected with globalization; it permeates all aspects of human activity. Those controversial issues or problems that will arise between the societies in the modern world cannot be ignored, because it is precisely the thorough study of the basis of these problems that will help us in the future to counteract their adverse consequences for further development of society.
The article is devoted to the problems and prospects of the development of social entrepreneurship in Russia. The author notes the need to stimulate this kind of activity and create an appropriate institutional and regulatory legal framework. However, there is no common understanding and definition of ‘social entrepreneurship’, which gives the existing experience and scientific research a fragmented character. In practice, the concept of social entrepreneurship as an activity aimed at generating commercial profit, rather than creating social value and solving social problems, is widespread. The article gives an attempt to identify the causes of this condition, analyzes existing research approaches and practical experience, as well as draws the appropriate conclusions and offers recommendations. The existing traditional and modern approaches to the interpretation of entrepreneurship as a special type of human activity are analyzed. The analysis showed that entrepreneurial activity is traditionally associated with innovation, risk, uncertainty and entrepreneurial profit. Particular attention is paid to existing research approaches to the study of ‘social entrepreneurship’ as a modern phenomenon. The characteristic features of ‘social entrepreneurship’ that distinguish it from other types of entrepreneurial activity are identified, the definitions existing in the Russian scientific environment that are most common when trying to draw up the theoretical and conceptual foundations of social entrepreneurship are highlighted. As a Russian experience, the activities of the non-profit partnership ‘The World of the Older Generation’, which not only unites social entrepreneurs, but also operates as an institution for the development of the social sphere, are considered. Conclusions are made about the research prospects in this area and directions for further study of social entrepreneurship are proposed. The author suggests examining the experience of social entrepreneurship accumulated in Russia when formulating recommendations for the further development of the regulatory framework.
The article discusses the prerequisites, approaches to the creation as well as the experience of starting the implementation of Doctor of Public Administration programs in Russia. First of all, it is noted that MPA level programs first began to be implemented in Russia at the Institute of Public Administration and Civil Service of the RANEPA more than ten years ago. Currently, among professional officials a request for Doctor of Public Administration (DPA) top-level training programs has arisen. When developing a new DPA-level educational program for Russia, it was necessary first of all to establish the requirements and criteria for the selection of candidates. Key parameters at the same time were the level and administrative orientation of the education of applicants, mandatory work experience in senior positions. The knowledge of the applicants is checked by comprehensive entrance tests, which include testing of understanding the system and mechanisms of public administration, a practical task to check the knowledge of a foreign language, as well as interviewing and evaluating of the concept of a socially significant scientific project. The first DPA program in Russia has a modular architecture of the educational process. Each of the 12 modules, which take place every two months with an average frequency, is devoted to various aspects of state and municipal administration. At the same time, practical exercises for the development of soft skills are integrated in each DPA module. The key goal of DPA training is to prepare and defend publicly significant research in the field of state and municipal administration.
Since maintaining and improving the qualification level by the civil servant is implemented through the professional development, the study identifies main changes affecting this area, including those caused by the changes in the legal regulation.
The article is devoted to the development of educational export, which is one of the priorities of state policy. In 2018, the Federal project ‘Export of education’ of the national project ‘Education’ was launched, which set the task of doubling the number of international students in Russia by 2024. The tasks set are impossible without state support, which is to create favorable conditions for its development at the national (system of support and development of export of Russian education) and interstate (in the framework of cooperation with foreign countries, participation in regional integration associations, international organizations and forums) levels. Taking into account the analysis of international and Russian experience of export support, the author of the article developed and described a model of export support for Russian education, which has its own specific industry characteristics. The model for supporting the export of Russian education includes organizational, legal, informational, financial, and content blocks.
