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Vol 20, No 2 (2024)
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LAW IN THE PRESENT-DAY WORLD

3-10 226
Abstract

Introduction. The concept of readmission, as a prevention tool regarding irregular migration, links with the interstate cooperation aimed to terminate the stay of foreigners who entered and/or reside in violation of the current legal regulations for immigration. The receiving party also extends the validity of the readmission agreements to the nationals of third countries who came from the territory of requested state. The list of grounds established in international law, basically cancelling readmission, connected with the content of universal and regional standards of human rights and represented the international legal obligations of states, is of particular importance.

Materials and methods. As for the materials, the legal acts and a number of Russian and foreign scientific papers, where readmission has been studying, are presented. Methodological foundations are provided with scientific method of analysis and synthesis, formal-legal and comparative-legal methods.

Research results. International legal institution of readmission presupposes the mutual obligations of states to identify personality and to establish a nationality of irregular migrants, to submit the relevant documents, to send a request, to keep people in a designated place, to take back nationals and persons who have permanent residence or carried out transit on the territory of participating states. The bilateral model agreements readmission are becoming more widespread for the moment. It seems that adoption of international regional treaty on readmission at the CIS level would promote unification of its legal definition and procedures, because model legislation has already developed.

Discussion and conclusion. The Russian Federation actively participates in the expansion of bilateral agreements on readmission with both the CIS states and European and Asian countries. At the same time, the procedure for implementing readmission has been enshrined in Russian immigration legislation. The effectiveness of readmission, as a legal means of preventing irregular migration, relates to realization of joint regional programs of the states aimed to provide conditions, which allow them to control entry, stay, departure, transit and purposes of the presence of foreigners on the territory of receiving state.

11-18 237
Abstract

Introduction. The article discusses approaches to the application of flexible integration approaches in the Eurasian Economic Union (the EAEU), taking into account the experience of law enforcement of these approaches in the European Union (the EU). The authors trace the history of the evolution of legal regulation in the context of flexible integration of the EU in a comparative legal aspect with the regulation of the EAEU. Within the framework of the study, the authors identify the main ways of applying flexible integration within the framework of the EAEU law, paying special attention to the role of national regulation and relevant organizational and legal mechanisms that can be applied to achieve the goals provided for by the treaty that established the EAEU.

Materials and methods. In the course of writing the work, a set of general scientific, formal-logical methods (including methods of cognition, description, analysis, induction, deduction, comparison, analogy, systematization, modeling) and special methods (formal-legal, historical, comparative-legal, structural-legal methods; content analysis method, etc.) were used.

Results of the study. An analysis of the legislation of the EU and the EAEU revealed a diversity of approaches to the possibility of implementing flexible integration mechanisms. On the one hand, the EU, having a longer history of the development of legal regulation of integration processes, has instruments

of flexible integration enshrined in acts of primary law (for example, the mechanism of advanced cooperation). On the other hand, the absence of a similar base in the EAEU legal system is compensated by other mechanisms of the EAEU law.

Discussion and conclusions. The study showed that flexible integration mechanisms form an important basis for the development of integration in the EU and the EAEU. Despite the lack of uniformity of organizational and legal mechanisms, the target value remains similar in terms of the formation of supranational regulation through unification and harmonization methods. The EAEU, being a promising association, has great opportunities and areas for applying flexible integration.

19-28 182
Abstract

Introduction. The article presents an analysis of migration reform in the UK during the first years after its exit from the European Union (20202021). Changing immigration rules and procedures became a difficult task for the UK, as it required British lawmakers pay simultaneous attention both to the needs of the country's internal labor market and to the close economic and social ties between the country and other EU member states. After Brexit, the new immigration policy was built on the principle “people before passports”, which was supposed to abolish unconditional privileges for EU citizens, implement a selective approach to labor migrants and create convenient and transparent conditions of entry to the territory of the UK for citizens of any state interested in education, highly qualified labor activity or business development. The author examines how this principle has been put into practice and assesses the effectiveness of the new immigration rules for the UK in 2022-2024. The article analyzes the country's domestic legislation and statistical data.

Materials and Methods. The methodological basis of the study was formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of international and European law: the method of system-structural analysis; the method of synthesis of socio-legal phenomena; comparative-legal method; formal-logical method; statistical method.

Results of the research. The analysis revealed that after the reform immigration policy of the UK has become more practical, as it has allowed to attract highly qualified specialists, talented students and promising entrepreneurs to the territory of the country regardless of the country of their citizenship. Using a wide range of tools (such as an extensive visa system and an electronic platform for selecting candidates for visas), the updated migration policy of the UK aims to regulate migration flows with the maximum benefit for the country and increased opportunities for fulfilling the professional potential of foreign labor migrants.

Discussion and conclusion. The article substantiates the application of new tools for regulating external migration in the UK; analyzes their main advantages and disadvantages.

29-44 315
Abstract

Introduction. The individual criminal liability is characterized by several principles that clarify its international legal content. In this article, the author focuses on the principle of prohibiting the repeated prosecution of a person for the same crime (ne bis in idem principle). It seems appropriate to consider not only the history of fixing this principle in the international law, but also the features of its content, legal nature, as well as to identify the problems arising along the enforcement practice. The issue of the risk of repeated prosecution of the individual for the same crime gets a great importance considering the international criminal justice institutions operating alongside national judicial systems.

Materials and methods. The study is relied on the following general scientific and special methods of knowledge: historical, legal, comparative legal, the method of logical and structural analysis, systemic approach.

Research results. The analysis of the international law, academic research and enforcement practice made possible to identify some differences in the ne bis in idem principle as formulated in the acts of ad hoc international criminal tribunals and in the Rome Statute of the International Criminal Court. The problems of applying of the ne bis in idem principle in the practice of the ICC in Katanga were identified, specifically in the Court’s interpretation of Art. 108 of the Rome Statute, which allows us to conclude that this principle has been violated.

Discussion and conclusion. An analysis of the ne bis in idem principle leads us to conclusion that its sine qua non character is applicable only to the national jurisdiction, but not to the jurisdiction of another state as well as it doesn’t automatically cover the decisions made by foreign judicial authorities. As for international criminal justice, here the principle of ne bis in idem plays a greater role as a regulator (pointsman), determining the choice of the jurisdiction rather than as a guarantee of the rights of the accused.

45-58 167
Abstract

Introduction. The study focuses on the problem of optimizing human resource management with systematic coverage of economic efficiency and corporate social responsibility. The purpose of the article is to investigate the role of outsourcing in humanizing entrepreneurship in the AI economy. The potential of outsourcing in the development of entrepreneurship in the artificial intelligence economy is substantiated through econometric modeling using the method of regression analysis on the example of companies from the “Global-500” in 2022. Prospective directions of development of “smart” outsourcing in support of humanization of entrepreneurship in the economy with the help of the method of comparative analysis are determined through the identification of its advantages in comparison with traditional outsourcing for humanization of entrepreneurship. Using the case study method, successful examples of smart outsourcing in various business operations of entrepreneurship are systematized.

Materials and methods. The article relies on the quantitative-qualitative methodology in accordance with the systemic approach to form the most complete and reliable picture of the use of outsourcing in entrepreneurship in the artificial intelligence economy. The research in the paper is conducted at the micro level of the AI economy in the study of entrepreneurship practices. The fundamental basis of the research conducted in this article was formed by the Human Resource Management (HRM) Theory. The authors used both general scientific and privatescientific methods of cognition, among which we can distinguish dialectical, comparative, structural and functional, etc.

Results of the study. The obtained results develop and supplement the scientific provisions of the Theory of Human Resource Management (HRM). As a result of the research, the authors of the article proved that the application of outsourcing should not be limited to individual cases, and it is advisable to mass application of outsourcing to improve the efficiency of human resource management in entrepreneurship. Thereby, the key role of outsourcing in realizing SDG8 in the AI economy is substantiated. The contribution of the article to science is to redefine the essence and role of outsourcing in the AI economy. The results reflect outsourcing in a new light, which for the first time is presented not only as a tool, but also as an object of automation.

Discussion and Conclusion. The key conclusion is that in the artificial intelligence economy the humanization of entrepreneurship can be ensured through smart outsourcing, which is more preferable to traditional outsourcing due to its increased flexibility, rationality and efficiency. The theoretical significance lies in clarifying the specifics of outsourcing in the artificial intelligence economy, as well as in justifying the preference and in providing a scientific methodology for the implementation of smart outsourcing. Practical significance is related to the fact that the proposed practical recommendations for the implementation of “smart” outsourcing can improve the efficiency of business activities and increase business resilience to economic crises, support economic growth through smart outsourcing.

59-66 213
Abstract

Introduction. The article attempts to determine the factors that influenced the decriminalization of modern criminal law policy in taxation and its degree of influence on the state of tax discipline and tax security in general. The article analyzes the impact of changes in criminal legislation, the need for which was indicated in the Messages of the President of the Russian Federation to the Federal Assembly in 2023 and 2024 on the financial security of the state in two aspects: 1) the hierarchical relationship between criminal policy and criminal policy in taxation; 2) the relationship between criminal policy in taxation and fiscal policy. Particular attention is paid to the impact of changes in certain norms of the Criminal Code of the Russian Federation on tax crimes in the direction of decriminalization of legislation on tax crime indicators.

Materials and methods. When writing the article, general scientific methods (analysis, synthesis, logical method) and private legal methods (legal modeling, legal forecasting, legal statistics) were used.

Research results. Analysis of recent changes in criminal legislation made it possible to clarify the significance of current criminal legal policy in the tax sphere, as well as in the structure of national security and financial stability of the state.

Discussion and conclusion. Criminal legal policy in taxation is a dynamic phenomenon based on: 1) the organic application of the “criminalization decriminalization” approach in combination with other coercive measures provided for by tax and administrative legislation; 2) identifying the causes

and patterns underlying criminal acts. Tax security, ensured by effective tax control and enforcement in the tax sphere, makes it possible to mitigate criminal legal policies in taxation. The main factors influencing criminal tax policy include the parameters of budget and tax policy, the efficiency of tax administration, including digitalization.The article analyzes the hierarchical relationship between the concepts of "criminal policy" "criminal policy in the field of ensuring national security" – "criminal policy in the field of ensuring economic security" – "criminal policy in ensuring financial security" – "criminal policy in the financial and budgetary sphere" "criminal policy in taxation". The factors that influenced the decriminalization of criminal law policy in taxation, such as the parameters and directions of budget and tax policy, the level of tax administration, have been identified.

THE TOPICAL ISSUES OF WORLD ECONOMY

67-75 118
Abstract

Introduction. Innovations play crucial role in modern economic development. Over the past decades, research in this area has significantly expanded, covering not only the industrial sector but also services. A comprehensive approach is required to assess innovative activities, which includes analysis of economic indicators and applying new concepts, covering consumer value creation. This article studies various models and approaches to assessing innovative activities. Modern requirements for technological innovations continue to evolve, reflecting the increased role of consumers in evaluating products and services quality. Therefore, there is a need to develop new approaches in order to assess economic value of companies' innovative projects.

Materials and methods. This paper utilized methods of comparative analysis, generalization, and optimization.

Research results. Results of the study are based on various numerical indicators and methods of assessing the innovative activities of companies.

Discussion and conclusion. The results of the research can help to improve innovative activities of Russian companies and enhance their competitiveness in a rapidly changing socio-economic environment.

76-90 269
Abstract

Introduction. This research examines the state and trends in the development of transportation infrastructure in Russia and China. The practice of implementing project initiatives to create transportation infrastructure facilities in Russia and China is presented, as well as the experience of joint crossborder projects, including those implemented on the principles of Public-Private Partnership (PPP), in order to identify prospects for deepening RussianChinese cooperation.

Materials and methods. Russian and Chinese official policy documents, analytical reports and statistical data from the World Bank, the Global Infrastructure Hub agency, the China Public-Private Partnerships Center, the Russian National Center for PPP, the Russian ROSINFRA infrastructure project support platform, as well as Russian and Chinese media sources were used as materials for the research.

The research methodology is based on a theoretical and statistical analysis of the specifics of the development of the transportation sector infrastructure within the framework of the implementation of national programs and development strategies of Russia and China, as well as the organization of joint cross-border projects. In the course of the research, expert and survey methods were used, as well as comparative analysis techniques. The results of the research are based on the application of a systematic approach and other scientific methods, such as the method of grouping, generalization, classification, analogy, comparison, formalization. The study also uses descriptive methods based on the collection and study of practical examples of the implementation of projects for the development of the transportation sector in Russia and China.

Research results. Comparing the state of the transportation infrastructure of Russia and China, and conducting a sociological survey on the possibilities of Russian-Chinese cooperation in the field of infrastructure, the authors found that the infrastructure of the transportation sector has the greatest prospect for strengthening cooperation between both countries. The analysis of a number of priority joint cross-border projects revealed the problems of lack of budgetary funds and the growing increase in the burden on the state budget in the allocation of expenditures for financing infrastructure projects. In this regard, the authors proposed a PublicPrivate Partnership (PPP) mechanism as a source of additional financing to support the development of transportation infrastructure, as well as its use to deepen bilateral cooperation between China and Russia in the framework of cross-border infrastructure projects.

Discussion and conclusion. In the course of the research, it was found that the potential for cooperation between Russia and China is observed in relation to the implementation of joint infrastructure projects, in particular the development of certain transportation industries. And one of the promising tools for the development of the transportation sectors of Russia and China, as well as ensuring sustainable growth of the economies of both countries, may be the implementation of cross-border projects. The study demonstrates that for the current period, Russia and China have already developed experience in the field of joint cross-border projects.

However, with the continuing burden on the state budget and the reduction of budget expenditures for the development of the infrastructure complex, which, as it was found in the research, leads to an increase in the problem of the infrastructure gap, additional sources of financing are needed. In order to solve this problem, the authors proposed a PPP format for the implementation of joint cross-border projects. The authors have revealed that interaction between states with the attraction of private investment can help accelerate innovation, increase efficiency, as well as deepen and expand RussianChinese cooperation.

91-101 244
Abstract

Introduction. The article deals with the current trends related to the slowdown of economic globalization in light of geopolitical and economic factors that influence the dynamics of the global economy. The article tests the hypothesis that globalization principles are undergoing significant changes in the modern world. The author explores ongoing transformations in three main directions: the dynamics of economic growth at the global and regional levels; fragmentation of the global economy, and the changing role of global institutions. Special attention is given to analyzing these trends in the BRICS countries, which represent the most dynamically developing bloc in the global economy.

Materials and methods. The methodological basis of this research includes synthesis, qualitative and quantitative analysis, comparative research, and statistical methods. The materials used consist of contemporary studies on globalization and regionalization processes, official reports from international organizations, statistical data, and news sources from global media.

Results of the study. The findings of the research show that further development of globalization will occur through a scenario of regionalization without being tied to geographical regions, which appears to be the most feasible solution for overcoming global issues encountered by countries, including security and inclusiveness. The author concludes that the emerging form of globalization will be characterized by multipolarity, distribution of economic growth centers, and a greater dependence on regional trade blocs.

Discussion and conclusion. Factors contributing to the development of regionalization remain significant despite the destabilization of international relations. Global regionalization, which emerged in response to the challenges of post-globalization, will lead to the formation of new models of integration between countries and become an essential component of the global economy.

102-115 258
Abstract

Introduction. The article analyzes the functioning of the main East African Community (EAC) economic institutions – the Customs Union, the Common Market and the Monetary Union. Along with that, the authors scrutinize the EAC economic successes. Taking into account extensive factual material present, the authors conclude that the EAC institutional decisions have a double effect: on the one hand, these tools foster trade and investment interaction within the association, and on the other hand, they deepen the intrinsic asymmetry in the association functioning and encourage multilevel integration.

Materials and methods. The authors used comparative analysis of profile economic data, which allowed to identify the role of individual countries in economic processes within the EAC, as well as the basic methods of scientific knowledge: analysis, synthesis, generalizations and comparative analysis.

Literature on the topic of the study, official documents of the East African Community and statistics published by the EAC bodies and “The Observatory of Economic Complexity” were also used in the study.

Results of the study. The further development of economic integration within the East African Community is accompanied by a steady, though not equally rapid, growth in trade and investment cooperation. To date, the EAC is facing an obvious slowdown in integration processes due to the difficulties on its path to the Monetary Union and scarce opportunities for the new members to actively join the EAC institutional structure. As a result, the EAC is unofficially divided into two groups of countries with different degrees of readiness to deepen integration.

Discussion and Conclusion. The study found that East African integration has shown strong positive results despite the incomplete inclusion of new members, overlapping membership, trade wars and other challenges. As the association evolves, a multispeed and multi-tiered integration scheme becomes increasingly relevant for the EAC it is unlikely that the new members will be able to join the Customs Union anytime soon, let alone the more institutionally complex stages.

ADMINISTRATION: CHALLENGES AND PROSPECTS

116-128 303
Abstract

Introduction. The article analyzes the problems that arise in the development of regional export strategies and programs. The regional export strategy of the Tomsk region, a region with average export characteristics and, at the same time, which has recently encountered a complex of problems typical for a significant number of regions in export activities, has been selected as an object for analysis. The algorithm of strategy development is proposed. It is considered advisable to adopt a special methodological document containing optimal analytical procedures necessary for the development of export strategies and programs, as well as a mechanism for evaluating the effectiveness of their implementation.

Materials and methods. The research materials used the provisions of federal projects and regulations related to the support of export and investment activities, regional strategic planning documents of the Tomsk region, statistical data on export dynamics. The methodological basis of the study was the following general scientific methods: statistical, analysis, synthesis, method of interpretation of normative acts and others.

The results of the study. The study found that in the absence of methodological development of the main provisions defining the specialization of the regional export strategy, this document can only play the role of a formal duplication of the provisions of regional socio-economic development strategies.

First of all, within the framework of a special methodological recommendation document, it is

necessary to prescribe the analytical component of the development of an export strategy and regional programs adopted in accordance with it. In particular, there is a need for methodological foundations for conducting an export audit, which is provided for by the Regional Export Standard.

Discussion and conclusion. An algorithm of actions is proposed for the development of a regional export strategy and program, which allows structurally ordering a set of measures to support exports.

In addition, when developing export support measures, it is advisable to divide existing and potential exporters into groups regarding their readiness to expand export activities, followed by differentiation of support measures and effectiveness assessment in relation to each of the groups.

129-139 152
Abstract

Introduction. The study examines the role of public administration in the development of innovations in healthcare as a promising sector of the economy. The focus of the work is on analyzing one of the ways to increase the effectiveness of such an instrument of state innovation policy as startup development management. In order to systematically provide targeted support to these subjects, it is necessary to study and analyze the criteria of startups. Their legislative enshrinement will make it possible to increase the degree of compliance of the state support measures with the requests of these organizations and optimize the spending of budget funds.

Materials and methods. Materials and methods. The works of such foreign authors as S. Knack, F. Kiefer, M. Olson, P.E. Samuelson, R. Layard, C. Catacorpi and J-P. Knack, F. Keefer, M. Olson, P.E. Samuelson, R. Layard, K. Katakorpi and J.P. Laamanen, D. Anomali, L.M. Shen, D. Keeble, G. Goodguin. Laamanen, D. Anomali, L.M. Shen, D. Keeble, G. Goodgin, E. Freeman, D. Reed, N. Carter, Y. Cho, G. McLean, E. Rees, M. Crezzi, P. Paoloni, T. Veblen, W.C. Mitchell, D.M. Clark and D. Commons, as well as domestic scholars such as E.V. Aristov, D.O. Tarabara, I.V. Raeva, P.A. Sataev and K.A. Soloveichik. Their methodological basis was supported by data from statistical documents and strategies of WHO, IMF, OECD, ECB, Global Health Investment Fund (GHIF).

The study is based on the approaches of the economic school of institutionalists who emphasize the special role of the environment and institutions that have a direct impact on it in public administration, and is also based on research on the provision of public goods. The following general scientific methods were applied in the work: analysis, synthesis, system and functional approaches.

Research results. The study analyzed the genesis of the formation of the need to legislate the concept of a startup and its criteria. The adoption of the relevant regulatory legal acts in Russia has created conditions for the creation of a unified register of small technology companies and seamless implementation of targeted measures to support innovation activities.

Discussion and conclusion. Further development for the realization of the innovative potential of the healthcare sector is possible through the finalization of the existing legislation. Proposals to make medical technology companies a separate category may form the basis for potential measures aimed at supporting small medical technology companies. This will allow to systematically develop targeted measures to support them and better meet the specifics of their needs.

REVIEW

140-147 153
Abstract

Book Review: Zinovieva E.S., 2021. International information security: Problems of bilateral and multilateral cooperation. Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation, 280 p. ISBN 978-5-9228-2454-5



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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)