LAW IN THE PRESENT-DAY WORLD
Introduction. History of economic sanctions goes back to the old times, when Athens blocked trade for those entities, whose way of conduct was not acceptable to them. The authors prove, that further active application of economic sanctions, which developed in the 20th century, is more related to the activity of certain states, in particular the USA. The sanction practice was encouraged by the approach of the American presidents, for example, manifested in the well-known speech by President Woodrow Wilson where he named economic sanctions as silent, but deadly method of fight.
An Important role in the economic relations between the USSR and later - Russia and the USA was played the Jackson-Vanik amendment which imposed serious trade relation limitations that existed until it was repealed in 2012. However, in 2014 the history of the trade sanctions pressure over Russia from the USA got a new impetus. The authors review several presidential Executive Orders, which imposed economic sanctions against Russia. A new U.S. Law “Countering America's Adversaries Through Sanctions Act" (CAATSA), adopted in 2017 is scrutinized by the authors as well.
Materials and methods. The methodological basis of the research includes general scientific and special methods of cognition in the sphere of constitutional law, including method of system structural analysis, comparative legal method, formal logical method, historical and legal methods.
Results. The authors stress the high importance of the extraterritorial legal force of the U.S. economic sanctions acts, which allows application thereof beyond territory of the USA. The authors make a conclusion that modern U.S. sanctions against Russia without any doubt should be considered as an element of pressure with the purpose of intervening into Russia's internal and external policy.
Discussions and conclusion. The use of economic sanctions as a tool of coercion against another state is grounded; the negative impact of economic sanctions on the state that imposes them is evidenced, the proposition that the extraterritoriality of the US laws is in conflict with the sovereign law enforcement practice of other states, including the Russian Federation, is substantiated.
Introduction. The article analyzes the issue of the myth role in identification programs of individual and group types, corresponding to ethnic law activation at the level of educational and research institutions. The availability of cultural centers conducting studies in the field of customs and traditions researches (e.g. in studying national languages) shows citizens' interest in “home area" ideas, specification of their position in general civil identification pattern and correlation between ethnic and civil law. The author puts a question of correlation between legal awareness types and law politization process (including educational subject), examines correlation between ideological projections of various research approaches and those research approaches themselves.
Materials and methods. The material for the scientific study were the projects and programs which are used in teaching and researching ethnic law and legal philosophy in various educational and research institutions in Russia, as well as scientific results of those institutions' activities presented in books and articles and popular-scientific literature. The methodological foundation of the research is the horizontal and vertical comparative study method enabling us to understand correlation between various educational subjects concerned with ethnic law. This method also allows tracing their genesis and current state by key points affecting identification preferences.
Research results. The article shows that law remythologization in the scientific and educational field in modern Russia is a consequence of the promotion of social and cultural processes at the regional and local levels. They were triggered by a conditional decentralization due to political reforms over the last thirty years and their result was an increased interest in national languages, culture and traditions. All these phenomena have a particular scientific and academic significance, as well as (under certain circumstances) an ideological meaning. As a result law remythologization, on the one hand, is a solid base for civil legal awareness filling its formalized directions with a meaning picked up from direct communication between people. On the other hand, accentuation on archaic forms of social relations regulation by means of ethnic law may contribute to dramatic intensification of regionalization tendencies. Thus dynamic balance between law and tradition calls for regular efforts for adjustment of corresponding educational programmes and for training highly qualified teachers capable of working with various students categories.
Discussion and conclusion. The article points out and describes the basic directions of legal philosophy development in connection with legal anthropology, shows possible ways of improving educational programmes taking into consideration the ideological influence of the ideological ethnic law interpretation vector which may have an impact upon students' awareness. A special importance in this context is to be given to civil law teaching, as well to philosophy and complementary disciplines promoting forming a conscious social positioning.
Introduction. In the paper the author analyzes the principles of contractual performance under the Quebec law, including their codification in both the Civil Code of Lower Canada and the Civil Code of Quebec. Additionally, the author carries out an analysis regarding relevant judicial precedents.
Materials and methods. The sources for the research consist of the Civil Code of Lower Canada (1865), the Civil Code of Quebec (1991), the judicial precedents of the courts of Quebec and those of the Supreme Court of Canada, as well as scientific papers of foreign researchers specializing in civil law. The methodology used for the research comprises general scientific (analysis, synthesis and analogy) as well as specific legal methods such as comparative legal, formal logical, systematic, structural and functional methods, as well as interpretative analysis.
Research results. The author conducts an analysis of the codification of the Quebec civil legislation as well as the principle of proper performance of contractual obligations, its correlation with the specific performance, and the principle of good faith contractual performance.
Overview and conclusion. The definition of two principles of the performance of contractual obligations (proper and good faith performance) under the Quebec law is justified. Due to certain exceptions and conditions for its practical implementation, the specific performance cannot be deemed as a principle, albeit its relative prevalence among the decisions rendered by the courts of Quebec.
Introduction. The increasing demand in government regulation transparency creates a special focus on introduction of the monitoring and evaluation (M&E) system. The article analyzes the current practices of the national governments in development and implementation of the M&E systems for assisting international development. With the help of the M&E component, the governments, on the one hand, improve accountability to taxpayers, and, on the other hand, M&E increases program's overall efficiency.
Methods of research. The game theory is used as a key method of the study. It allows identifying the logic of choosing a specific M&E system in different countries, as well as analyzing the key factors affecting its implementation.
Research results. The main principles for the formation of national M&E systems were identified as a result of the analysis, and three levels (general, strategic and coalition) of actions were identified that determine the decision-making process on assessment systems.
Conclusion. In conclusion several policy recommendations are proposed on how to use the M&E system to increase the effectiveness of state foreign economic programs.
Introduction. The article defines and classifies crowdfunding (collective financing), defines the relationship between such notions as crowdfunding and crowdlending (mutual lending). It considers the issues of mutual lending between individuals, the legal aspects of mutual lending between individuals. The Russian Law № 419090-7 “On alternative ways of attracting investment (crowdfunding) “ is analyzed.
The paper offers proposals to improve legislation in order to develop crowdlending relations where borrowers and investors are individuals as well as different possible measures to enhance the effectiveness of mutual crediting.
Materials and methods. The methodological basis of the research consists of the following methods: general scientific methods, such as analysis and synthesis, induction and deduction as a whole, analogy, and special scientific methods, such as a method of comparative law and a method of complex research.
Findings. As a result of the research, several of the most common crowdfunding classifications are considered. It has been revealed that crowdfunding is a more general concept, crowlending is one of the forms of crowdfunding. It is proposed that specific measures should be taken to improve the legislation of the Russian Federation in the field of mutual lending (crowdlending), such as:
1. to include the definition of the concept of mutual lending between individuals in the crowdfunding bill;
2. to provide operators with access to the credit history bureaus and enable them to make and receive records; to improve existing legislation for these purposes;
3. to keep in the Central Bank of the Russian Federation a separate registry with minimum requirements for bona fide operators working in the sphere of mutual lending with individual borrowers and investors;
4. to enable operators working in the sphere of mutual lending with individual borrowers and investors to open nominal accounts, that is to add a clause to the draft law or issue instructions from the Bank of Russia to banks obliging them to open nominal accounts with such operators.
Conclusions. The adoption of proposed measures will make it possible to increase effectiveness of mutual lending (crowdlending) as an alternative way of attracting investments.
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The article presents the authors' concept of state government as a regulator of the innovation process. The transition to an ongoing innovation process is an important feature of the modern period of scientific and technological development of the world economy. However it is impossible to approach the scientific and technological level required for developed countries in a centralized regulatory manner using only direct financing without the formation of innovative infrastructure.
Materials and methods. The authors used the data of the Russian Statistic Bulletin and the analytical materials the Far East Investment and Exports Support Agency. The methodological basis includes the convergence and holistic scientific methods and approaches inherent in the institutional-evolutionary direction.
Research result. As a result of the analysis, a new vision of the state government role as a regulator which is necessary to achieve the goals of scientific and technological development in the context of commercialization of the innovation process is outlined. Reducing the public functions does not contradict the concept of the active position of the state government in the formation of the institutional and infrastructure environment. The authors substantiate that it is necessary at the stage of forecasting and formation of the regional strategy. This point follows from the main directions of the economic policy on improving the investment climate in the scientific and technological sphere of the Far Eastern Federal District and the experience of the countries of the Asia-Pacific region, which the Russian Far East belongs to. The hierarchy of structures of innovative development is offered: The Federal Executive authorities - the institutional level represented by the Institute coordinating investment development and the financial instrument of development - administrative services of the entity of the Russian Federation - public institutions. Together these structures form an organizational mechanism for the development and implementation of the national innovation system development strategy. The formation of investment institutions complements the hierarchy of innovation development structures. Regional institutions created to promote the improvement of the investment climate should at the same time be innovation development institutions built into the hierarchy of policy levels of the regulator.
Discussion and conclusion. The article discusses the evaluation of possibilities and conditions for combining and distribution by the Federal and Regional Authorities of functions to organize business engagement in the scientific-technological sphere and to overcome the regional and sectoral barriers. The authors substantiate the principles of a new technical and economic paradigm of innovative development: reducing the public functions, changing the nature of public institutions, changing the financial architecture, updating and mobility of production factors, virtualization of society.
Introduction. The article presents the theoretical justification, methodology and tools for assessing the quality of life for the purposes of system analysis of the socio-economic development of the regions. The developed evaluation system and research tools are a ready methodological solution for the analysis and management decision-making by municipal and regional authorities for the planning of the socioeconomic development.
The article evidences the use of the method in the Republic of Sakha (Yakutia).
The article was prepared in the framework of the project on the state task of the Ministry of Education and Science of the Russian Federation “Justification of priority activities and tools to ensure comfortable living in the north-east of Russia" [16].
Materials and methods. The basic data are the data of the standard annual statistical observations characterizing various aspects of the quality of life of the population. The method consists of the sequential solution of the following tasks:
- selection of statistical indicators characterizing the quality of life, based on a given spatial and temporal localization - the selected region, time interval - and their grouping by categories;
- calculation of normalized synthetic indicators within each category for the different elements of spatial and temporal localization (by regions, economic zones, by years or other periods);
- calculation of integrated indices by regions and years, as well as aggregated (average) indices by groups of indicators;
- presentation of the results in the graphical form for easy interpretation.
The generalization of a significant array of indicators reflecting the most diverse aspects of the quality of life allows getting as close as possible to its objective assessment in dynamics.
Research result. Estimates of the quality of life of the population of the regions and economic zones of the Republic of Sakha (Yakutia), both general and in individual categories, have been obtained. The significance of the work lies in its application for leveling the socio-economic development of municipal districts and regions, in identifying problems in their socio-economic development
Discussion and conclusion. The advantages of the method are the use of standard statistical parameters, the relative ease of obtaining results and their interpretation, as well as the ability to adjust them depending on the goals of the analysis. Based on the results of this study the directions of mid- and long term socio-economic development can be selected without excluding their further improvement.
Introduction. The European Union remains the main trade and economic partner of the Russian Federation, that is why any research dedicated to the achievements of this Association of countries in setting up an effective system of collection, processing and analysis of data on foreign trade operations and management of commodity flows is very important and topical.
Materials and methods. This study is based on theoretical and empirical analysis of international standards and comparison of Russian and European practices of commodity flows management. The authors give a description of the EU's existing systems of statistical accounting (Intrastat and Extrastat) and possibilities of implementing thereof in the development of the Eurasian economic union.
Research results. The study of formation, development and improvement of the system of statistical accounting of extra and intra trade operations of the 28 European countries allows us to make conclusions concerning both the application of international standards of trade statistics in the practice of the European Union and the use of the methodological recommendations of Eurostat on the accounting of commodity flows in the statistics of the Eurasian economic union, as well as to assess the main achievements in this area and to reveal some unresolved problems, impeding the creation of a pool of complete and comparable information on foreign economic activity of these countries.
Discussion and conclusion. The European Union's management and statistical activities make a significant impact not only on the development of international trade statistics, but also on structures of the regional governance, engaged in international economic relations, including collection, processing and dissemination of statistics, as well as on the method ogy for accounting and analysis of such indicators. The experience of the European Union, according to the authors, can be particularly useful for establishing effective statistical work in the Eurasian economic union. Both intensive and extensive development of the this organization will require a parallel change in the legislative and methodological framework, so the existing practice of the “two-system" organization in the EU can be the appropriate basis for this purpose.
REVIEWS
The review of the collective monograph «Notariat in civil circulation: in Russia and abroad» edited by A.O. Inshakova (Notariat in civil circulation: in Russia and abroad [Text]: monograph / authors: N.V. Goncharova, A.O. Inshakova, O.P. Kazachenok, I.A. Ostapenko, Y.A. Tymchuk; edited by A.O. Inshakova. - M.: Yurlitinform, 2017. -176 p.).
ISSN 2587-5736 (Online)