Том 18, № 5 (2022)

Purpose. To analyze the evolution of the principle of the social state, various interpretations of the concept of the social state depending on the level of social responsibility of the state to the population, signs of the social state. Tasks. To analyze the interpretation of the Russian Federation as a social state. To reveal the content of the main features of the welfare state. Consider the principles-requirements of the welfare state. To reveal the features of modern trends in improving legislation and the mechanism of protection of social rights. To analyze the doctrine of the welfare state from the perspective of the concept of the «welfare state»; constitutional principles and norms defining the requirements of the welfare state and social human rights. Conclusions: The interpretation of the Russian Federation as a social state is analyzed in detail, an incomplete characteristic of the main features of the social state is revealed, an additional criterion based on the principle of social justice is proposed. The basic principles and requirements of the welfare state are substantiated. It is noted that the principles and requirements of the welfare state are expanded by the new Article 75.1 of the Constitution of the Russian Federation, where the interpretation of the welfare state is given through two main criteria: the creation by the state of conditions ensuring a decent life and free human development. As one of the main criteria of the welfare state, the legal norms regulating social human rights and the role of the state in finding a balance between a person's social activity and his ability to satisfy his social needs are noted. The conclusion is formulated about the existence of a wide range of social rights, and their security is noted as a key indicator of the implementation of the principle of the welfare state and the resulting principles-requirements. Modern trends in improving legislation and law enforcement are mainly aimed at increasing the effectiveness of the protection of social human rights in their violation, where the main role is assigned to the judiciary. The authors noted that to date, there are no unified views in the science of constitutional law on the admissibility, limits and conditions of judicial protection of social rights. First of all, the resolution of this situation depends on the place of social rights in the human rights system, the normative content of each specific right, their legal nature, as well as the scope of the powers of judicial bodies to invade the sphere of activity of legislative and executive bodies of state power. The concept, legal nature, normative content of the constitutional principle of the social state and social rights are investigated; examples from the practice of the Constitutional Court of the Russian Federation on the protection of social rights are given. Attention is drawn to the integration application of the principle of the social state in unity with other principles of law (free development, decent life, equality (equality), justice (social justice), legal certainty, proportionality (proportionality of restrictions on rights and freedoms), balance of public and private interests, etc.).

The article is devoted to the analysis of the expenditure of budgetary funds carried out through procurement activities to meet state and municipal needs. The purpose of the article is to consider how the legislation of the Russian Federation regulating the sphere of procurement meets the Strategies of national and economic security of the country, the National Anti-Corruption Plan. The article analyzes the legislation regulating the sphere of procurement for the content of corruption-causing factors in them. The issues on the application of liability measures applied to violators when spending budget funds, according to the legislation regulating procurement activities and the reasons that may lead to violations in the implementation of procurement activities were also considered. The analysis of how financial control affects the expenditure of budgetary funds in the implementation of procurement activities and counteracts corruption manifestations is carried out. At the end of the article, recommendations are given to eliminate a number of negative aspects that have contributed to increasing the effective use of budget funds in the implementation of procurement activities and are opposed to the threats that are currently taking place.

The article reveals the importance of digitalization in the field of eliminating objects of accumulated harm to the environment, including to ensure the transparency of environmental information, suggests factors influencing the digitalization of this area, and also considers the level of development and the need to improve the developed strategy for digital transformation of the ecology and nature management industry. As a result of the analysis of information and digital development trends in this area, conclusions were drawn about the need and possibility of developing a digital platform in the field of eliminating objects of accumulated environmental damage as part of strategies aimed at achieving the indicators established by national goals and objectives, as well as the level of development of legal regulation in parts of the application of digital technologies in this area.

Purpose of the study. The purpose of writing a scientific work is to study foreign experience in the legal regulation of the transfer of securities, shares, shares in the authorized (share) capital of organizations in order to prevent corruption. This topic has not received wide coverage in the legal literature, since a comprehensive analysis of the legal regulation of the legal relations in question in some foreign states has not been fully carried out. The work examines international and national sources that are the basis for the formation and functioning of anti-corruption policy, separately considers the legislation of Mexico, South Korea, Italy, Argentina. Conclusions. Investigating the legal basis for the transfer of securities, shares, shares in the authorized (reserve) capital of organizations in trust management in order to prevent corruption in foreign countries, it was stated that at the moment the basic documents on the prevention of corruption in this area are international conventions, separate directives and recommendations of the Council of the European Union. Special acts regulating trust management of assets in order to prevent corruption have become widespread in the USA, Canada, Great Britain, Australia, New Zealand, Albania, specialized forms of asset management are known in such countries as Mexico, South Korea, Italy, Argentina.

The purpose of the research is to analyze the history of emergence and development of the doctrine of protection of the weak party of the contract in civil law science. In the article the authors conclude that the idea of protection the weak party of the contract arose in Antiquity and the Middle Ages. The authors especially noted that the modern development of ideas about the protection of the weak party of the contract is associated with the appearance in the French legal doctrine of the contract of adhesion. In the scientific work, three models of protection the weak party of the contract, which have been formed since the middle of the 20th century in the American and European space, have been studied. The stages of the formation of a similar doctrine in Russia are reflected. The authors concluded that there is no single concept of protection of the weak party of the contract in the civil law of foreign countries and Russia.

Purpose. To study the historical aspect of the formation of small and medium-sized enterprises in Russia in order to identify periods of development, trends and legal conflicts. Procedure and methods. Concrete-historical and historical-comparative methods were used in the study of the laws of the development of legislation in relation to the development of SMEs and the legal regulation of concessional lending in various historical periods, which allowed us to identify the main trends characteristic of the development of the SME support infrastructure within the framework of the topic under study. The paper considers the current and important problems of legal regulation of lending to SMEs in the prism of time. The author tries to solve an important task-to identify the features and stages of the formation of state policy in the field of small and medium-sized businesses. Results. As a result, the author draws conclusions about the results of the implementation of state policy in the field of small and medium-sized businesses. The chronological framework of the study covers the beginning of the XX century, the period of the New Economic Policy as the beginning of the organization of entrepreneurial activity in the young Soviet Republic, the middle of the XX century- the beginning of the XXI century. This period is the transition of our state to a market model of the economy, in connection with the adoption of the law «On Self-employment», which legalized entrepreneurial activity in the country, previously criminally prosecuted. The final stage of this period is the adoption of Federal Law No. 209-FZ dated July 24, 2007 «On the development of small and medium-sized businesses in the Russian Federation», which marked the beginning of a qualitatively new stage in the implementation of state policy in the field of small and medium-sized businesses in terms of financial support to small and medium-sized businesses.

The article analyzes the issue of choosing a strategy for the legal protection of an information system from the point of view of an intellectual property object. The purpose of the study is to determine the place of information systems in the system of intellectual activity results. The information system is considered through the concepts of legal protection of a complex object and a composite work. The preferred use of the legal regime of complex objects relative to information systems is proved, which in the conditions of current legislation requires an expansion of the list of complex objects. Taking into account the existing legal regulation, it is most promising to consider information systems from the perspective of databases and computer programs. It is concluded that the database of the information system can be considered exclusively as an object of related rights. Based on the analysis of patent practice, a conclusion is made about the difficulties of patenting an information system algorithm in terms of classification of the blockchain system as a result of intellectual activity: a method, a computer program or a database.

Objective. Cases of infringement of exclusive rights today take place not only within the state where protection is sought, but also on the territory of several states at the same time. This situation does not correlate with the basic substantive legal postulate on the territorial nature of exclusive rights. In addition, the duality of intellectual property objects can give rise to the problem of the overlapping of intellectual property rights. As a result, the courts have difficulty establishing the law applicable to the dispute on the protection of exclusive rights. The practice of law enforcement in this area is fragmented, which is due to a differentiated approach to the formulation of conflict rules and a fragmentary study of significant aspects. The foregoing makes the topic of this study relevant in modern conditions, in view of the trend of digitalization and the systematic overcoming of the territorial isolation of intellectual rights. Methodology of the research. Within the framework of this study in the field of intellectual property rights in Russia and foreign countries, such general scientific research methods as dialectical, logical and system methods were used. Conclusions. The author identifies problems, faced by the law enforcer, following the concept of territoriality of exclusive rights in the plane of human rights activities. The conditional nature of the expression «international protection of intellectual property» is substantiated. The most important issues of substantive law and conflict of law regulation in the field of protection of exclusive rights are analyzed. With reference to the practice of law enforcement, emphasis is placed on the points that require priority consideration by right holders in order to avoid further problems in case of violation of their rights in cross-border relations. The problem of the intersection of intellectual property rights and the need for its study are indicated. Based on the results of the analysis of the regulatory legal framework of Russia and foreign countries, the conclusion is made about the inevitable transformation of the concept of territoriality in today's conditions with bright trends of globalization and digitalization. Originality/value. This article is of practical importance for lawyers working in the field of intellectual property law, as it considers the issues of cross-border trade in intellectual property objects from the standpoint of resolving disputes with these objects, in addition, within the framework of this study, problems of legal regulation of certain issues of protection of objects of intellectual property.

The purpose of the research. The effect of the principle of protection of a weak subject in family legal relations is analyzed. The study was conducted by comparing the family legislation of the Republic of Chile and the Russian Federation. This choice is conditioned by the direct consolidation in the Chilean family legislation of the principle of protection of a weak spouse. Results. It is concluded that it is impossible to borrow institutions for the protection of a weak spouse into the legal system of Russia. Putting forward the hypothesis of a possible identification of the weak position of women in Russian family legal relations by gender, the author comes to its refutation. The author substantiates the identification of a psychophysiological sign of a weak subject of a private law relationship.

Purpose of the study. The article deals with the problems of legal regulation of the duties of lawyers in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism. Conclusions. The authors note the inconsistency of the legislation in the field of regulating the duties of a lawyer to appoint special officials responsible for the implementation of internal control rules, and propose to allow bar associations to appoint such a person. The article raises the question of the relationship between the obligation of a lawyer to report to Rosfinmonitoring about certain transactions, transactions of principals with the requirements of attorney-client privilege. The authors draw attention to the contradiction of the legislation regarding the regulation of whether a lawyer who prepares, but does not make transactions on behalf of a client, is obliged to develop and implement internal control rules.

The article discusses some features of the criminalistic characteristics of fraud committed in the housing sector. The data of official statistics on detected cases of fraud for 2019, 2020, 2021 are presented. Based on the analysis of forensic investigative practice, such elements of criminalistic characteristics as the situation and the method of committing fraud are considered. Attention is drawn to such elements of the method of committing fraud as preparation for the commission of a crime and concealment of criminal actions. The significance of the characteristic features of these elements for the disclosure and investigation of fraud committed in the housing sector is determined.

Statement of the problem. The research focuses on the current problems of the state of criminal procedure law. The article provides scientific substantiation of the current Criminal Procedure Code, shows the changes that have a significant impact on criminal activity in general. The main purpose of this study is to analyze the legislation containing criminal law norms, while formulating appropriate ways of solving existing problems of criminal procedural relations. Conclusions. The study has shown that the use of monitoring is an important tool to verify the effectiveness and improvement of criminal procedure legislation.

A task. To systematize and analyze the EU legal instruments and tools developed by authorized European institutions in connection with the consideration of an application for membership in the World Customs Organization. Conclusions. The research article is devoted to the issue of the EU legal status in the WCO and the use of the EU precedent for the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions) in terms of joint actions with Member States aimed at obtaining the Union's membership status in the WCO. The subject of the study is the EU approaches to the legal status in the WCO; explanatory memorandum of the European Commission on WCO membership; Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim; Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. The analysis of the EU legal instruments in relation to the WCO membership can be used to develop legal tools for the Eurasian Economic Union (EEU) to obtain the status of the WCO member in the course of implementing the Strategic Directions. Social Consequences. Conducting a study of the legal status of customs and economic unions in the WCO is associated with the implementation of paragraph 11.7.5. of Strategic Directions in terms of cooperation with this international organization. Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC), and can be used by specialists from customs and other executive authorities in the EEU member states, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EU, the WCO and is the result of a comprehensive study of the issue of the legal and organizational basis for obtaining the WCO member status by economic and customs unions.

With the increase in the financial literacy of the population, the scale of the financial market is also expanding: in 2021, the number of private investors who opened brokerage accounts on the Moscow Exchange almost doubled compared to 2020 and at the beginning of 2022 is more than 17 million. One of the most effective tools for reducing market risks are various derivative financial instruments. The aim of the study is to improve the quality and efficiency of estimating the value of an option on the index of the Russian trading system by developing and implementing a specialized information system. To achieve this goal, the following tasks were set and solved in the work: 1) an analysis of the main concepts, tools and algorithms for evaluating options using machine learning methods was carried out; 2) the components of a deep learning model for valuing an option on the RTS Index are determined; 3) a statistical interpretation of the processed data was carried out, 4) a neural network was built for put and call options. Materials and methods. Statistical analysis and neural networks apparatus were used in modeling. Conclusions. A study was made of the statistical characteristics of the underlying asset on the RTS Index futures; an algorithm was developed that uses the fair value of money indicator RUSFAR, calculated by the Moscow Exchange, instead of using zero-coupon rates, which are biased due to the incomplete backing of funds by assets to assess risk-free borrowing rates; the obtained results of the models are interpreted and conclusions are formulated regarding the quality of the obtained models.

The importance of the Arctic as an economic zone of the country is emphasized in a number of legal acts and state programs. The aim of the paper is to analyze the current level of industrial development of the Arctic Zone of the Russian Federation (AZRF). The institutional approach, analysis of legal acts, statistical method and method of economic analysis were used in the research. The results of the study showed that, in general, the economy of the ASRF demonstrates positive development indicators. In comparison with 2015, six regions showed a positive increase in industrial production. The volume of innovative goods produced in the AZRF is growing, and the share of innovative goods produced in the AZRF in the total volume of innovative goods produced in Russia is also growing. In the future, the study can be used as a basis for proposals for the development of industrial and institutional policy of the region.

In the current conditions of the functioning of the world community, the aggravation of political confrontation, the ongoing sanctions pressure and the increase in military threats, it becomes necessary to find new vectors for the development of the Russian economy, based not only on import substitution and their own developments, as well as the positive experience of states that have been subjected to economic isolation from European states and the United States of America. In times of crisis, thanks to the human potential of Russia, innovative and breakthrough prospects were formed. The article is devoted to the theoretical aspects of the application of the Islamic economic concept, which is due to the widespread spread of Islam in Russia, the development of Hahal initiatives and Halal enterprises. The author studied the main aspects of Islamic economic theory, the range and prospects for its distribution in the Eurasian economic space, which served as the basis for the formation of promising trends and problematic issues of the application of Islamic economic theory at the current stage of Russia's development.

Regulation of control over the turnover of digital financial assets, other digital rights, and digital currency is becoming an urgent task that is being tried to solve at various levels. Most national jurisdictions build their regulatory framework by supporting the provisions developed, for example, by international organizations such as FATF. Nevertheless, in various countries such as Japan, Hong Kong, Italy, Finland, South Korea, there are their own solutions and reactions to the risks arising in the processes of turnover of digital assets. The authors set the goal of the proposed analytical review to determine, based on a comparative approach, what options there may be for the development of regulatory processes for the turnover of digital assets in different countries. An additional task (in addition to providing an overview of regulations and conducting a comparative analysis) was to study AML and KYC measures as practical tools for responding to risks in the field of laundering proceeds from crime. Conclusions about the possibilities of regulatory systems were based on consideration of a wide range of factors: from the traditions of the banking system of jurisdiction to a high assessment of the degree of public confidence in the intelligence services of the state.

The article analyzes the main indicators of personal income tax revenues to the consolidated budget of the Russian Federation, forecasts of the Ministry of Finance of the Russian Federation on the budget deficit for 2023-2025, thereby justifying the relevance of considering «schemes» of personal income tax evasion to ensure budget revenues. According to the results of the analysis of information from the Federal Tax Service of Russia and the generalization of judicial practice, the most common schemes of personal income tax evasion for both taxpayers-individuals and tax agents-organizations are highlighted. Based on the analysis of the arguments of the courts, the article forms criteria indicating the use of schemes. The main trends of personal income tax administration are revealed: the development of a scoring system; the introduction of ASK-DFL. A model of the operation of the ASK-DFL system has been developed. Research writing purposes: determine the main tax schemes that identify the tax authorities and highlight the directions for the development of personal income tax administration, taking into account information technologies. The conclusions received during the research: the directions of development of NDFL administration were evaluated and options for eliminating tax schemes were proposed.

In this paper, the authors consider approaches to risk management in the nuclear industry and carry out a risk analysis in the implementation of procurement procedures for the nuclear power plants construction. The problem under study is relevant on the scale of the construction of typical large industrial facilities, goods, works and services for which they are supplied through the public procurement system. This study is significant both in the practical field of application of existing methods for assessing project risks, and in the theoretical field of studying various combinations of methods for qualitative and quantitative risk measurement. The risk analysis was carried out on the basis of data on equipment purchases made during the construction of the Leningrad NPP-2. The authors made a forecast of the delay from the date of delivery of equipment under the contract. To develop recommendations on the formation of a temporary reserve for the supply of equipment, three concluded contracts for the supply of equipment for the construction of power units of the Akkuyu NPP (Turkey) were selected. As a result of the study, recommendations were formulated for risk management of the NPP construction project implemented through the public procurement system.

The purpose of the research is to consider pedagogical possibilities of influencing students through the use of electronic educational resources in the process of teaching a foreign language in universities of the Ministry of Internal Affairs of Russia. The article presents the essence of informatization of education, formulates the means of informatization and its directions, the impact of informatization on the training of specialists in economic security in higher education institutions of the Ministry of Internal Affairs of Russia. In addition, the specifics of the discipline «Foreign language», its directions and a certain set of competencies that should be formed by an economic specialist are described. Particular attention is paid to the relevance and importance of using of electronic educational resources in the learning process: a definition is given, the potential for using electronic educational resources is described, and examples of resources and online platforms that contribute to more effective mastery of language competence by specialists in economic security are given. Two of the most popular online platforms promoting the development of language skills are described-Quizlet and YouTube. When considering the Quizlet online platform, the educational goals of using this resource were formulated, various learning modes were described, and the features of the educational resource were clarified. When considering the YouTube online platform, the essence of the resource itself was described; examples of channels of a training nature were given, allowing to expand knowledge in the field of a foreign language in the field of economics. An example of using the British Council Internet resource for educational purposes was given. Conclusions are drawn and the results are summed up.