Vol 23, No 3 (2019)

LOCAL GOVERNMENT: PROBLEMS AND PERSPECTIVES
PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES
Peshin N.L.
Abstract

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

RUDN Journal of Law. 2019;23(3):311-332
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LOCAL GOVERNMENT IN SPAIN: STATUS AND FEATURES OF LEGAL REGULATION
Chikhladze L.T., Komlev E.Y.
Abstract

The article examines the local self-government legislation of Spain and legal positions of the Constitutional Court of Spain. The norms of the Constitution of Spain regulating the issues of the organization of local self-government are analyzed. The influence of various aspects on their content is studied. The authors also studied the problem of distribution of legal regulation of the local government powers between the state and the autonomous communities taking into consideration the features of the administrative-territorial structure of Spain. The study appears to be relevant due to the fact that the issues of legal regulation of local government in Spain within the Russian science of municipal law are practically not studied. The study of foreign experience in this field helps to expand the scope of scientific researches. Spanish experience in this area also seems relevant due to the relatively recent change in the political regime. The aim of the work is to identify the features of the legal regulation of local government in Spain. As a result of the study, it was established that in Spain the subsidiary procedure for the legal regulation of local self-government by the state and autonomous communities is applied. The content of the norms of the Spanish Constitution on local self-government is determined. The distinctive features of the Spanish legislation on local self-government are identified.

RUDN Journal of Law. 2019;23(3):333-350
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LAW AND DIGITAL TECHNOLOGIES
LEGAL REGULATION OF INTERNET BANKING IN INDIA
Frolova E.E.
Abstract

The features of the legal regulation of Internet banking in India are investigated. Internet banking is gradually replacing the use of cash, checks, and, most importantly, customers who personally come to bank offices: according to statistics, the total amount of transactions in the digital payments segment of India in 2019 will be $ 64.775 billion. USA. Electronic banking is a generic term for the provision of banking services and products via electronic channels, such as telephone, Internet, mobile phone, etc. The main regulatory act regulating Internet banking in India is the Information Technologies Act 2000, which provides for legal recognition of electronic transactions and other means of electronic commerce. In addition to the new law, the norms of traditional banking legislation also apply to Internet banking. The main financial regulator of India the Reserve Bank - also provides direct management of Internet banking: it developed guidelines for Internet banking in India in 2001; as well as the Mobile Banking Guide, which was transformed into the Mobile Banking Master Circular51 in 2016. The rights of consumers of Internet banking services are protected on the basis of the Consumer Protection Act 198652, which defines the rights of consumers in India and also applies to banking services. India’s law is based on case law, and in this regard, a number of new case law on disputes between banks and their customers in the field of Internet banking has been studied. However, in the legislation, the article notes, there are a number of gaps related primarily to ensuring the safety of online banking. Information security in electronic banking represents two main areas of risk: preventing unauthorized transactions and maintaining the integrity of customer transactions. When writing the article, general scientific methods of cognition were used: dialectical, hypothetical-deductive method, generalization, induction and deduction, analysis and synthesis, empirical description; private scientific methods were also used: legal, dogmatic, statistical, comparative legal analysis, and others.

RUDN Journal of Law. 2019;23(3):351-374
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BILL OF LADING IN LEGAL REGULATION OF FOREIGN TRADE ACTIVITY: FROM PERSONAL SUBSCRIPTION TO ELECTRONIC CRYPTO CODE
Inshakova A.O., Goncharov A.I.
Abstract

Sea freight was and remains the most popular way of cargo delivery. Transportation of goods by sea routes plays a crucial role in the economy of most countries. The bill of lading acts as a legal instrument and guarantees the interests of participants in foreign trade deals and has a complex legal nature, due to its functionality. The use of electronic documents for formalizing relations between the participants in the maritime transport of goods has become possible due to the rapid development and widespread introduction of information technologies into the property turnover. In the period of digitalization of the Russian economy, the study of the legal regulation of the bill of lading accompanied by special computer software products is relevant and significant. The main purpose of the article is to disclose the essential characteristics of a bill of lading as a trading, title-bearing security from the perspective of the evolutionary development of this legal instrument over several centuries. The authors formulate a number of recommendations for the expanded implementation of electronic document circulation in maritime trade, arguing that, along with the adopted legal acts, should clarify the use of electronic documents when transporting goods by sea. In the Russian Federation, the rules on bills of lading must be supplemented by international agreements, additionally adopt a number of national legal acts in this sphere. The theoretical basis of the research was the studies of Russian and foreign investigators, which examine the relations of entities applying bills of lading in foreign economic activity (Vilkova, 2004; Golubchik, Katykha, 2017; Dubovec, 2006; Inshakova, Kalinina, Goncharov, 2019; Skaridov, 2018 et al.). Methodologically, the present research is based on the authors' materialistic worldview. General scientific methods were used: dialectic, inductive, deductive, analysis, synthesis, generalization, etc., as well as particular scientific methods: formal legal, comparative legal, etc.). As a result of the scientific analysis for the expanded implementation of electronic document circulation in maritime trade, along with the adopted legal acts, the authors proposed to specify the use of electronic documents for the carriage of goods by sea. The rules on bills of lading must be supplemented by international agreements, and a number of national legal acts in this area should be adopted. Suggestions for Smart applications to bills of lading and electronic registration of microchips, which should mark the goods moved by foreign trade deals, which will positively affect the increase of the rule of law at the domestic level through more precise electronic customs, tax, currency control. It is substantiated that in the aspect of the implementation of economic relations, digital registration acts a preventive and prophylactic function - reducing potential conflicts. To realize the benefits of smart applications to bills of lading, it is recommended to develop and adopt a set of legal norms of legislative and sub-legal level governing public relations in the digital economy, implementing these smart applications to bills of lading implementing business practice and inter-jurisdictional polysubject blockchain.

RUDN Journal of Law. 2019;23(3):375-393
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STATE AND LAW IN CONTEMPORARY WORLD
ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES
Kremnev P.P.
Abstract

Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.

RUDN Journal of Law. 2019;23(3):394-412
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LEGAL NATURE OF DEPARTMENTAL REGULATIONS
Arzamasov Y.G.
Abstract

The article is devoted to the establishment of the legal nature of departmental regulations. The main parameters and scope of rule-making competence of federal executive bodies are examined. Because of the heterogeneity of departmental normative acts, there is a need to develop a general multistage classification of departmental regulations, the creation of which will also help determine their legal nature. Based on the analysis, a conclusion was made on the need for legislative regulation of the rule-making competence of federal executive bodies, as well as the procedure for implementing a departmental norm-setting process in the Russian Federation. The question is debated whether the departmental normative acts are sources of law. It is concluded that departmental regulations perform the same functions as all other normative legal acts, that is, they create norms of law, modify and supplement existing norms, and in some cases cancel them. Consequently, these acts are sources (forms) of law. The problem of the place, which departmental normative acts occupy in the system of subordinate normative acts, is being discussed. In conclusion, the author comes to the inference that departmental regulations possess all the features of by-laws. It is noted that departmental regulations act as acts of developing norm-setting, since they carry out the functions of detailing and concretizing laws, acts of the President and the Government.

RUDN Journal of Law. 2019;23(3):413-428
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INCREMENTAL TAX CREDIT FOR R&D (LEGISLATIVE PROPOSALS)
Diumina V.E.
Abstract

In conditions of limited resources, the government is looking for the most effective way of supporting and innovative development of priority sectors of the economy. Despite the fact that the question of the correlation between direct and indirect methods of stimulating investment and innovation activity remains open, more and more economically developed countries make a choice in favor of tax incentives and preferences. The need of finding the effective mechanisms of stimulating R&D in order to develop knowledge-intensive industries, creation of favorable conditions for innovation activity in the country - all of these confirm the importance of additional restructuring of the taxation system of the innovation sector of the economy. The most common form of tax incentives for innovation activity is tax credit. Based on the analysis of a wide range of foreign studies on the effectiveness of applying a tax credit for stimulating innovation activity, the article discusses and systematizes the positive and negative aspects of applying incremental and volume tax credits for R&D. In the study were used the method of comparative analysis to confront the experience of using different types of tax credit in different countries, the methods of cause-effect and system analysis to identify the main positive and negative aspects of applying volume and incremental tax credits. Based on dialectical method of knowledge, the directions of improving the mechanism of incremental tax credit were formulated. As the result of the analysis the assessment of applying the incremental tax credit for R&D in the existing tax system of Russian Federation and the recommendations for its transformation for increasing the effectiveness are given.

RUDN Journal of Law. 2019;23(3):429-447
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REVIEWS. DISCUSSION FORUMS
PROBLEMS OF DEMOCRACY: A NEW VIEW. BOOK REVIEW: DEMOCRACY: EXPERIENCE OF CRITICAL ANALYSIS. BY A.D. KERIMOV. MOSCOW. NORMA, 2019
Ekimov A.I.
Abstract

The peer-reviewed book is the first and only domestic publication in which the critique of democracy as a sociocultural and political-legal phenomenon is amply and concentratedly presented. The author confidently proves that democracy is not the power of the people or the power of the majority, but only a certain technology, a mechanism for acquiring and exercising state power by a minority with the help of the majority, but not always in the interests of the majority.

RUDN Journal of Law. 2019;23(3):448-454
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REWIEW OF THE II INTERNATIONAL SCIENTIFIC CONFERENCE «LAW AS A PHENOMENON OF CIVILIZATION AND CULTURE» Moscow, RUDN University, March 29 - 30, 2019
Mikheeva T.T., Trikoz E.N., Grafshonkina A.A., Andreeva P.N.
Abstract

On March 29-30, 2019, the II International Scientific Conference “Law as a Phenomenon of Civilization and Culture” was held at the Law Institute of the Peoples' Friendship University of Russia (hereinafter - RUDN). More than 150 researchers from the Russian Federation and foreign countries took part in it. This scientific forum in accordance with the overall RUDN’s general strategy as an internationally oriented university is dedicated to Russian jurisprudence integration into the worldwide scientific area, establishing the methodology of fundamental legal research related to the civilizational and cultural foundations of law. This review reflects the general concept of the conference, directions of its work, the contents of the plenary meeting and work of sessions.

RUDN Journal of Law. 2019;23(3):455-477
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