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Juridical science and practice

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Vol 18, No 2 (2022)
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PUBLIC LAW SCIENCES

5-10 315
Abstract

   This study of the impact of digitalization on socio-economic federalism covers only certain aspects of this topic. In the article it is noted that digital assistants contribute to significant time savings and ease of use of services related to the sphere of state and municipal government. The possibilities of using digital technologies are leading to the fact that the hierarchical management, typical of classical bureaucracy, is collapsing, but this does not yet mean the failure of paper bureaucracy. At the same time, it is indicated that digital technologies are the tool that allows one to open the axiological gap between the real state of affairs in different regions of the Russian Federation in terms of creating conditions for the realization of socio-economic rights of the individual. The possibilities of differentiation and disproportion in the regulation of various legal relations in the subject of the Russian Federation should be focused on creating equal conditions for achieving one’s own well-being. The scientific novelty of the study lies in the substantiation of the possibility of using digital technologies, which make it possible to more quickly navigate the needs of the inhabitants of a particular region of the country and, using the electronic rule-making tool, contribute to a better law-making process in the subject of the Russian Federation in terms of the regulation of socio-economic rights. The scientific result of the study was a proposal for the gradual, soft introduction of digital technologies on existing portals to improve the well-being of citizens, taking into account their needs.

11-22 848
Abstract

   The study of the institution of public power seems to be one of the most important areas of modern constitutional law in Russia. The category ‘public power’ was enshrined in the constitutional legislation of Russia in 2020 in connection with the amendments to the Constitution of the Russian Federation. At the same time, the category of public power had been studied by the domestic science of constitutional law even before the corresponding amendments were made, different approaches to public power had been formed, its characteristics and features had been described differently. This article provides the opinions of constitutional scholars on the institution of public power and analyzes current constitutional legislation. The author concludes that, in some respect, the consolidation at the constitutional and legal level of the institution of public power coincides with the previously proposed scientific approaches to the institution of public power.

PRIVATE LAW (CIVILISTIC) SCIENCES

23-32 538
Abstract

   The development of blockchain technologies caused the emergence of digital tokens and cryptocurrencies, which are used on digital platforms for investing. It determines the relevance of studying legislation of the jurisdictions where the largest international cryptocurrency exchanges are incorporated. Based on the experience of the Cayman Islands, the Republic of Korea, Singapore and Estonia, this paper conducts a comparative legal analysis of the main sources regulating the activities of digital asset services providers. The study shows the approaches applied to cryptocurrency exchanges and their operators. We concluded that there are growing requirements for providers of digital asset platforms in terms of AML / CFT, localization of business, and special liability for those companies which provide services without a license.

33-36 532
Abstract

   This article discusses the legal model in which the deposit of funds as a security for the performance of the contract is carried out by another third party instead of the procurement participant. The article provides a legal assessment of the situation in which a participant in a procurement, conducted in accordance with the procedure and under the conditions established by Federal Law No. 44-FZ dd. 05. 04. 2013, imposes the obligation to pay for the performance of the contract on a third party. For objective consideration of the issue, the author considers the practice of regulatory authorities and arbitration courts, and makes conclusions about the validity of such payment based on a systematic interpretation of the law.

37-43 506
Abstract

   The article concludes that the content of the internal labor regulations is predetermined by the technological process chosen by the employer and the recognition of the value of the participants in wage labor, their right to ensure dignity in the labor process. The system of requirements of the internal labor regulations consists of: a) requirements due to the technological process chosen by the employer, as well as b) procedures that ensure the creation of decent working conditions at the workplace. The role of the internal labor regulations in ensuring decent working conditions is realized by fixing the relevant procedures: 1) ones aimed at taking into account the interests of employees in the establishment and application of working conditions; 2) ones for the development of personnel, strengthening the involvement of employees in the labor process; 3) ones for ensuring and protecting the rights and interests of employees. Ultimately, ensuring the dignity of workers can be seen as a diagnostic factor for the effectiveness of the internal labor regulations.

44-48 248
Abstract

   The article examines labor law procedures as a procedure for exercising rights and obligations by subjects of labor law, gives an author’s definition of the labor law procedure. The author proposes to single out the stage preceding the conclusion of the employment contract (‘starting point’ of the labor legal relationship). It is concluded that it is necessary to withdraw the norms governing the formation of labor legal relations from the plane of sociology into the field of law. It is proposed to amend the legislation, as well as strengthen local regulation in order to increase the effectiveness of labor law procedures and minimize labor conflicts.

DEVELOPMENT OF LEGAL SCIENCE IN SIBERIA

49-71 463
Abstract

   In continuation of the author’s project devoted to the study of the historical development of domestic legal science and practice by its representatives whose life, professional and scientific activities were somehow connected with Siberia, the general scientific community is offered a brief biography, an overview of the main ideas and original concepts of the PhD in Law, Professor, Honored Scientist of the Russian Federation, a well-known specialist in the field of social philosophy, philosophy of law, general theory of state and law A. K. Chernenko. The theoretical basis of the research was scientific articles and monographs of the scientist, reviews of his works, memoirs of colleagues, archival materials. The methodological basis of the study was historical, logical and systematic methods. Based on the conducted research, the author comes to the conclusion that it is necessary to study the extensive scientific heritage of Professor A. K. Chernenko, which has not lost its relevance to date.



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ISSN 2542-0410 (Print)