No 4 (2019)
РАЗДЕЛ 1 ПРАВО И ЮРИДИЧЕСКИЕ НАУКИ
8-10 103
Abstract
This article analyzes the legal structure of a corporate contract from the point of view of the possibility of qualifying this contract as paid. The author conducts a study of the various positions of scientists on this issue and analyzes the arguments that underlie certain views and opinions. The norms of the current legislation on a corporate contract are also examined. In particular, by analyzing the legislative provisions on the mutual rights and obligations of participants in a corporate agreement, the author comes to the conclusion that it is necessary to resolve the issue of determining the compensatory nature of a corporate agreement taking into account its legal nature. Summarizing and analyzing the opinions expressed, as well as proposing to consider the corporate contract as an organizational contract, it is concluded that the corporate contract has non-compensatory nature.
11-13 144
Abstract
Based on the analysis of legislation, law enforcement practice, scientific works on the topic of research, the article identifies the signs of a construction contract and an investment contract in construction, as well as possible options for their relationship. The author’s position is formulated on solving the problem of the correlation of these contracts, according to which an investment contract in construction, based on current legislation, is a collective concept that includes defined contracts that mediate investment activity in the construction industry.
14-16 106
Abstract
The article discusses the key features of the legal regulation of mortgage insurance, as well as current issues and problems of the proper fulfillment of obligations under this type of insurance. The specifics of the mortgage insurance contract as a complex obligation is considered, the positions of researchers regarding the content of this type of insurance are shown. The court practice is analyzed when a dispute arises due to different interpretations by the parties of the wording of the terms of the contract, allowing the insurer to exclude the payment of insurance compensation. It is concluded that the existing wording of the rule of law makes it difficult to protect the interests of citizens in the event of an insured event.
17-19 122
Abstract
The article discusses the development of the institution of subsidiary liability of the head of the debtor in the bankruptcy procedure, analyzes some of the rules of Ch. Ш.2 of the Federal Law of October 26, 2002 No. 127-FL “On Insolvency (Bankruptcy)”, a circle of problems in this area is indicated and recommendations for improving and developing bankruptcy legislation are given. The relevance of the research topic is due to the importance of the institution of subsidiary liability of the head of the debtor in bankruptcy cases. In addition, numerous legislative novelties of 2017-2019, aimed at protecting the rights of creditors and the debtor, require analysis. Based on the analysis, it is concluded that it is necessary to improve the rules on subsidiary liability in the framework of the bankruptcy law.
20-22 142
Abstract
In the development of the economy of modern Russia, small and medium-sized enterprises have an important role to play, which determines the paramount importance of the problems that arise in small and medium-sized businesses in carrying out their activities. The article discusses the problems of legal regulation of credit relations with the participation of business entities, in particular the procedure for obtaining credit funds by small and medium-sized enterprises. The results of a study of statistical data, an analysis of trends in the further development of the system of lending to small and medium-sized enterprises in Russia and the role of the state in this process are presented. It is concluded that the development of small and medium-sized businesses is impossible without comprehensive state support and requires effective legal regulation.
23-24 91
Abstract
The relevance of this topic is due to the fact that the institution of bankruptcy in Russia is at the initial stage of formation. The insolvency law has a large number of gaps, the regulation of which is possible only through the formation of new and non-standard practices. The subject of the study is the preclusive term for inclusion in the register of creditors' claims the requirements for bankruptcy proceedings. The scientific novelty of the work is due to the emergence of new legal positions that have not yet been studied. The author of this article considers the problems of including creditors' claims in the register and summarizes the practice.
25-27 143
Abstract
The problem of the current civil law in the field of corporate law is the lack of several legal concepts, and therefore the concepts of “corporate conflict” and “corporate dispute” are used as synonyms. This article makes a distinction between these concepts and defines the distinguishing features. To achieve this goal, the article used such methods as the dogmatic method, the method of comparison and generalization. Corporate conflict arises from corporate disagreements, which in the future may develop into a corporate dispute. The substitution of the concepts of “corporate conflict” and “corporate dispute” in the same semantic meaning as synonyms is defined as a lexical error. Corporate conflict is a violation of the rights and (or) interests of the participants of the corporation and related relations. The category of corporate conflict is a generic concept, while the concept of corporate dispute is a specific one. A corporate dispute is defined as a significant violation of the corporate rights and (or) the interests of the participants of the corporation, as well as related relations, including membership and management of the corporation, the resolution of which is possible only in court. Thus, the concept of “corporate dispute” cannot be used in return or equal to the concept of “corporate conflict”.
28-30 118
Abstract
The purpose of the article is to analyze certain problems of legal regulation of property relations of spouses, which is used to carry out entrepreneurial activities. The article reveals the problems of the legal regime of income received during marriage from the use of joint property for business purposes; controversial issues of transactions with the use of joint property of spouses by the spouse-entrepreneur were considered; The features of the business division of the spouse-entrepreneur and the property of the spouses on the basis of the marriage contract are investigated.
31-33 109
Abstract
The purpose of this article is to study the features of bringing to account the subjects of offenses for carrying out deliberate bankruptcy proceedings in accordance with the current legislation of the Russian Federation. This article discusses the specific types of liability for deliberate bankruptcy. The author identifies the main problems of bringing to criminal and administrative responsibility. The key factors that impede the widespread use of current Russian legislation in this area are identified. The analysis of the current situation in the area of responsibility for deliberate bankruptcy is given. It has been established that the current legal standards governing liability for deliberate bankruptcy require clarification of some key concepts, a clear distinction between criminal and administrative liability for this act.
34-36 125
Abstract
The article discusses the application of the concept of “removal of the corporate veil” in Russian law enforcement practice. The author analyzes the normative consolidation of the concept in the Russian legal proceedings. Considering the different points of view of specialists on this problem, the author agrees with the opinion that it is necessary to apply the concept as something exceptional and requiring an individual approach. It also indicates the prospects for the development of the concept in Russian law enforcement practice and offers options for its application, taking into account the development of the conceptual apparatus and interaction with other structures of Russian law.
37-39 278
Abstract
The article is devoted to the issues of regulatory and organizational support of the activities of the Commissions for Minors in modern conditions. The protection of the rights and legitimate interests of the young generation is the most important task of the state, therefore, improving the quality of work of juvenile commissions, their organizational, personnel, methodological, material and technical support will ensure the protection of minors, as well as the prevention of neglect in the country. Based on an analysis of the regulatory acts governing the activities of juvenile commissions, gaps in the legal regulation of the organization of work of these institutions are identified. The conclusion is drawn on the need to improve legislation on this issue.
РАЗДЕЛ 2 ЭКОНОМИКА И УПРАВЛЕНИЕ
42-44 117
Abstract
All state and municipal needs carried out through procurement go through the stages of planning, implementation, execution and control. In order to comply with the principles of the contract system, increase the efficiency of the use of budget funds, unify and achieve maximum publicity and transparency of procurement, the legislator has developed for each stage the tools and mechanisms that procurement participants are required to use. The article considers innovations in the procurement activities carried out by customers under the Federal Law of April 5, 2013 No. 44-FL “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” regarding the procedures of the planning stage. The purpose of the study is to identify problems encountered in the planning stage of public procurement. To achieve the goal, the author paid attention to the problem of the development of the formation process of planned documents by customers, starting from their first consolidation by regulatory legal acts and ending with their development and approval of planned documents. Studying the problem of public procurement planning, one cannot ignore the tools, mechanisms, hardware and software that the customer needs to use.
45-47 101
Abstract
The article considers the problems of legislative consolidation of the concept of discrimination. The current legislation of the Russian Federation contains many norms that define discrimination through signs, grounds for recognizing a particular act as discrimination, which gives rise to controversial situations in practice. The problems of protecting the rights of victims of discrimination are identified. It is noted that proving the fact of discrimination is difficult for a potential job seeker or employee. It is emphasized that the level of legal technology is significantly behind the emerging problems in society regarding discrimination in the labor sphere. A number of suggestions are made to improve legislation in the framework of protecting the rights of persons who have been discriminated against.
48-50 166
Abstract
This article touches on the urgent topic of modem municipal finance regarding the effectiveness of local budget execution. The paper outlines the main problems of the execution of revenues and expenditures of the budget of the Kolyvan district of the Novosibirsk region. The analysis of the dynamics and structure of the budget execution of the Kolyvan district by income and expenses for 2016-2018 is carried out. Particular attention is paid to measures aimed at improving the efficiency of budget execution of the municipality, as they contribute to increasing the efficiency of managing the budget process, activating mechanisms for improving the budget and sustainably executing the municipal budget.
51-54 223
Abstract
The authors studied the term corruption and clarified the concepts of “prevention of corruption” and “the fight against corruption” in relation to the financial and credit sphere. The organizational and legal causes and types of manifestations of corruption risks in the banking sector are determined. The forms and consequences of the implementation of corruption risks in the banking system of Russia, the main trends and development prospects of this area of market turnover are analyzed. The most dangerous examples of corruption schemes involving employees of credit organizations are given. The possibility of corruption prevention based on the introduction of the legal framework “conflict of interest” is investigated.
55-58 356
Abstract
In the military industrial complex (MIC) procurement has not yet been built with the maximum efficiency of procurement procedures, despite the significant financial flows through this system. A brief review of existing approaches to assessing the effectiveness of the procurement activities of the military industry enterprises made it possible to identify problematic aspects in this area, including the limitedness of the approved methods that do not take into account the totality of factors affecting the result, oriented mainly to budget savings. As a result of applying one of the methods, a comparative evaluation of the purchasing activity of two military industry enterprises was carried out: AO NPK Uralvagonzavod and AO Omsktransmash which is a part of the corporation, during which it was concluded that it is necessary to build a unified system of indicators, allowing the most complete assessment of the effectiveness of the procurement activities of the military industry enterprise, as well as the fact that the procurement management system of AO Omsktransmash is less efficient than the AO NPK Uralvagonzavod and requires improvement.
60-63 277
Abstract
Currently, there is an increase in interest in the field of culture, associated, on the one hand, with the desire of most people to self-development, and with the other, with the strengthening of state policy on the most important national development priorities of the country, among which there is culture. The formation and implementation of national projects involves increasing the effectiveness of program measures, the results of which in the main areas of development of the cultural sphere are reflected in this article. The characterization of modern trends in the development of the cultural sphere in the Omsk Region made it possible to establish their correlation with the priorities identified at the federal level. Re-gional achievements are highlighted that allow the Omsk region to enter the top 10 regions in terms of the pace of cultural development, as well as unresolved problems that necessitate a review and strengthening of program measures.
64-66 95
Abstract
The relevance of this article is due to the fact that today digital document management is ubiquitous, and its mobility in the process of mutual exchange between the parties to the legal relationship makes it very convenient compared to its paper competitor. With the advent of the Enhanced Qualified Digital Signature (UQDS), which is an analogue of a handwritten signature, and the legislation governing the issuance, storage, use and safety of UQDS, the number of digital documents in the general mass only increased, and in some cases became dominant. Documents in electronic form, signed by UQDS, acquired equivalence with documents on paper and received the status of legally significant documents. Such new technological capabilities gave impetus to the introduction of digital document management in almost all state and municipal structures. One of these government agencies that is widely applying new digital capabilities is the Rosreestr. The purpose of the study is to show the advantages of providing public services in digital form and the impracticality of the amendments to the law. The study was based on a comparative analysis of current legislation and legislation until August 13, 2019.
67-69 87
Abstract
The relevance of the article is due to the severity of the problem of environmental pollution, the solution of which is largely associated with the development of modern technologies for the disposal of municipal solid waste. The author considers the features of the “garbage” reform in our country. He notes that this reform in the course of its implementation faces many problems, including the problem of legal regulation of the interaction of state and municipal bodies with business entities in the field of waste management. The author shows that over the past year a lot of amendments to the laws have been made, however, at the moment the implementation of the adopted standards has not brought the desired result, which can be explained by the influence of various factors, including the peculiarity of the organization of the activities of regional operators.
70-72 158
Abstract
Register of civil state acts (RCSA) have been recording the most important events in the life of every person from birth to death for over a century. Every day, citizens turn to civil registry offices to provide services: state registration of seven acts of civil status (birth, death, marriage, divorce, establishment of paternity, adoption, change of name), issuance of duplicates, making changes and additions. How well these services will be provided depends on the prestige of the entire state. To improve the scope of the provision of services to the public, the USR RCSA information system was created, which began its work on October 1, 2018. The purpose of the article is to compare the expected results from the implementation of the information system and how the work is currently being carried out. As an object of study, we consider the federal information system USR RCSA, as the subject of research will be the mechanism of this system. Mostly, the method of inclusive observation was used.
ISSN 2412-8945 (Print)