Vol 24, No 1 (2024)

Introduction. The changes in the economic situation, which happened after certain events of February 2022, required signifi cant investment in the development of small and medium-sized businesses. Parallel imports, new market niches to be fulfi lled after foreign producers had left, the desire to preserve and increase capital while experiencing ruble devaluation– these and other reasons formed the basis of crowdlending studying in this paper. Theoretical analysis. The growth rates of the crowdlending market in Russia are analyzed and the dynamics of crowdlending and bank loans to small and medium-sized businesses are compared. Empirical analysis. Based on the example of the company “JetLend” LLC, an analysis of the requirements for borrowers and investors, the stages of potential borrowers’ business checking were carried out. A comparative characteristic of the JetLend, IFX Cbond, Cbonds-CBI RU High Yield indices is presented, which suggests that during 3 years, an average investor of the JetLend platform had a higher yield than if he owned a portfolio of high-yield bonds or bonds of the most liquid companies in Russia. Results. Positive and negative aspects of using crowdlending for both investors and borrowers are summed up. It is concluded that crowdlending is a promising tool for small and medium-sized businesses, especially for those economic entities which do not have collateral, credit history or other factors necessary for a bank loan.

Introduction. Large-scale processes of informatization development in recent decades determine the need and opportunity to reconsider the role and importance of the human in modern society, determine his place in the modern economic system, and increase his role in the activities of the organization. Theoretical analysis. A review of the main trends in the development of post-industrial economy and its characteristics as a type of society with a predominance of innovative, progressive scientific and post-industrial components in the structure of the economy and a redistribution of the employed population structure from industry to the service sector is carried out. The main factors influencing the increase in the importance of the individual (person) in an organization in the system of post-industrial economy are considered. Results. In post-industrial economy, human capital becomes the key resource, and the role of the human is undergoing significant changes under the influence of technological progress, the growth of knowledge-intensive sectors of the economy, automation and changes in the structure of production. An important factor is the ability to learn, adapt and develop skills that meet the modern requirements of post-industrial economy. The human role does not disappear, it evolves, and its ability to adapt and innovate become determining factors in the success of organizations and economic progress in the post-industrial era.

Introduction. The main objective of the study is to develop economic and mathematical tools for constructing a rating barometer of Russian commercial banks according to the level of sustainability in a long term view using a hierarchical decision-making structure. Theoretical analysis. The method of commercial banks’ integral ranking is based on a system of hierarchical analysis. The methodology is based on ranking indicators and dividing them into subgroups. The priority indicator indicates the ranking vector, two levels of data ranking are performed, and subindices are formed. At the last stage, a convolution into an integral index is performed. The mathematical apparatus of a tree-like solution structure is used; the assumption of the method is the choice of priority indicators based on the principle of a commercial bank’s long-term sustainability. Empirical analysis. An algorithm has been compiled for condensing primary financial reporting indicators into an integral indicator. The methodology was tested on data from Russian commercial banks. Results. A mathematical apparatus is presented that makes it possible to assess the long-term financial stability of commercial banks according to their key indicators, an integral rating of banks is constructed for financial stability and investment attractiveness. The hierarchical rating system of commercial banks developed by the authors characterizes the analyzed banks by the size of the bank’s own funds, capital structure and return on equity.

Introduction. Since the end of the 20th and beginning of the 21st centuries, all areas of social management, including public management, have been seriously influenced by modern digital technologies, which, on the one hand, create new opportunities to increase the efficiency of management activities; on the other hand, they pose certain risks, potentially provoking digital inequality. The article presents an analysis of the prerequisites and causes of digital inequality in municipalities. The criteria for such inequality are identified and generalized. An attempt was made to find out the attitude of local governments and citizens, living under digital lockdown, towards the digital transformation of public administration and local economy. Proposals have been made to level the digital divide in municipalities. Theoretical analysis. The problem of digital inequality has been the focus of attention of researchers for over 20 years. However, the scientific discourse on digital inequality is still fragmented: there is no universal interpretation of this phenomenon in the theoretical aspect; there are no uniform parameters for measuring it, and no algorithm for overcoming it has been developed. It is noted that approaches to understanding digital inequality and its consequences have undergone major changes: from unhindered access to the Internet to a person’s request to use digital resources, including those in the field of local government. Empirical analysis. The analysis of the legal regulation of digital transformation was carried out. As a result, it was concluded that flexible or “soft” legal regulation of the digitalization of public administration currently prevails. It is indicated that a special federal law regulating the process of digital transformation in the public administration system and in the local government system, respectively, has not been adopted in the Russian Federation. The criteria for assessing the digital inequality of Russian subjects, the possibility and feasibility of scaling them to the level of local government were analyzed. Results. Based on the results of the study, it is shown that at the local government level, digital inequality is an urgent problem that has a complex technological, socio-economic, socio-cultural and legal nature. It has been proven that there has been a transformation in the essence and understanding of digital inequality: from the problem of access to digital technologies to ensuring equal conditions for citizens to exercise their constitutional rights through such technologies, including the right to local self-government. A proposal for a special program approach has been made to overcome the digital divide in municipalities.

Introduction. Elections are one of the most massive social and political processes in the state. Elections in the state, the mechanism of their organization and conduct are subject to the fundamental principles of electoral law, which are based on publicity and openness of all electoral actions and procedures. Ensuring the transparency of elections is an indicator of the mechanism of interaction between society and the state, as an indicator of democratic development. Accordingly, the task of state bodies is to form the regulatory and legal conditions for the participation of civil society actors in ensuring the openness of the procedure for organizing and conducting voting, as a component of the democratic process of exercising public power in the country. Observers, along with other tools, are built into the mechanism for exercising public control over elections in Russia. Theoretical analysis. The institution of observers in Russia has certain patterns of development, interdependent histories of formation of socio-political institutions and elections in general. As the circle of subjects of electoral legal relations is being transformed, including the nomination and registration of candidates for elective positions, as well as the process of forming election commissions, the circle of persons entitled to participate in the procedure for appointing observers and giving them legal status is also changing. At the same time, the functional role of observers is subordinate to the development of forms and methods of voting in the state and formation of the features of the country’s electoral system, taking into account its historical features. Empirical analysis. The modern development of the legal regulation of the status of observers in Russia is associated with the expansion of the circle of entities that have the right to appoint observers, as well as the list of election commissions in which the subjects in question have the right to exercise powers. This trend is associated with the development of the institution of public control in elections in Russia as a whole. Accordingly, the Federal Law “On the Fundamentals of Public Control in the Russian Federation” began to extend its effect to electoral legal relations, and, as a result, the subjects of public control have the right to appoint election observers. The range of election commissions in which observers have the right to exercise their functions has expanded to include district and territorial election commissions. At the same time, the terms of reference of observers have remained unchanged, which does not correspond to the trends in the development of their legal status. Results. Taking into account the development of civil society and its institutions in Russia and the increase in their functional role in conjunction with the transformation of the electoral system and information and digital technologies, it is necessary to detail the status of observers depending on their participation in the work of election commissions of various levels and forms of voting, including multi-day voting. The terms of reference of an observer cannot be identical, taking into account the nature and specifics of work in district, territorial and precinct election commissions. Voting within a few days creates prerequisites for empowering observers with additional powers, taking into account the need to ensure the safety of ballots and implement additional forms of voting.

Introduction. Current Russian legislation regulates the procedure for establishing a legal connection between a born child and his or her father, however, in practice, problems with applying the presumption arise when establishing paternity. The problem is caused by the fact that it is the marital relationship of the child’s parents that establishes paternity, and not any biological relationship between the child and the father. In the context of family law, perhaps the most significant legal presumption is the presumption of paternity. However, as technology advances and the institution of family develops, determining paternity becomes increasingly complex. The legal significance of the presumption of paternity lies in the fact that with its help spouses are freed from proving the origin of a child born during marriage. The presumption of paternity is based on the presumption of validity of marriage, which assumes that spouses enter into marriage voluntarily and with the intention of having children. This presumption serves to protect the rights and interests of the child, providing him or her with a stable and safe family environment. It also protects spouses from unfounded accusations of infidelity or adultery. However, the presumption of paternity is not absolute and can be rebutted in court if irrefutable evidence is presented that the child is not the biological child of the spouse. The impact of this legal instrument is felt most when it is least expected. Most often, when a married couple separates without divorcing or if the woman becomes pregnant (whether married or not), in the case of the birth of a child from a surrogate mother. In these and similar situations, there is a presumption that the husband is the father. Theoretical analysis. The main theoretical approaches to and grounds for the use of presumption in establishing paternity, both for the married and unmarried, are considered. Empirical analysis. The normative acts in the field of the application of the presumption of paternity, including foreign experience, are analyzed. Results. The author comes to the conclusion that it is necessary to apply an out-of-court procedure to overcome the presumption of paternity in cases of the birth of a child from a woman married to another man, as well as the need for state funding of genetic testing to ensure the use of DNA analysis as the only proof of kinship of the father and the child.

Introduction. Historical memory is an integral part of national identity and defines the core values and principles of life in society. Legal norms in the text of the Constitution of Russia that consolidate the concept of historical development of the Russian state and establish new obligations of the state to honor the memory of defenders of the Fatherland, to ensure the protection of historical truth and to prevent belittling the significance of the people’s feat in defense of the Fatherland allow us to talk about the formation of a new category in the constitutional law – the category of historical memory. Theoretical analysis. General theoretical understanding of legal categories allows us to highlight such features as abstraction, universality, generality, objectivity, content, consistency. All these qualities are inherent in constitutional categories; their features also include a high degree of axiology and fundamental character, which, due to the properties of the Constitution as a basic political and legal act, define the relationship between the state, an individual and society as a whole. Empirical analysis. The analysis of the formation of national memory in pre-revolutionary and Soviet periods shows that the concept of historical memory was commonly ideological in nature. The concept of national history was absent in Constitution of the Russian Federation, adopted on December 12, 1993. The 2020 Amendments to the Constitution were also intended to correct this gap and include provisions aimed at creating the concept of historical memory.  Results. The concept of historical memory, as it is presented in the current version of the Constitution, is aimed at: establishing the idea of continuity in the development of the Russian state; justification for unity of the state, formed as a result of a thousand-year history; conditionality of spiritual and moral values by tradition; indication of the special role of the state in protecting historical memory.