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Vol 8, No 1 (2024)
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THEORY AND HISTORY OF LAW ENFORCEMENT

5-14 423
Abstract

The subject of the study is the theory of federalism in the Russian legal science of the 1920s. The purpose of the article is to reconstruct the theories of federalism of the 1920s based on the study of a wide array of publications of this period. The research methodology includes the following methods. The chronological method allowed us to distribute legal facts and their interpretations in chronological order. The comparative legal method was used to compare legal phenomena and institutions of different periods. The method of hermeneutics was used in the interpretation of texts.

The following scientific results were obtained.

The 1920s were a special period in Russian legal science. The ideological demands of the Soviet government formulated an urgent scientific agenda. At the same time, the political regime of this period allowed for relative freedom of scientific activity. The discreteness and continuity in the study of the problems of federalism are noted. In Soviet conditions, the federal theme was of particular relevance because of its practical significance. The development of the theory of federalism was carried out simultaneously with the approval of the Soviet federal state, the legal consolidation of relations between its subjects. The organizational center for the study of the theory and practice of federalism was located in the system of academic scientific institutions.

The problems of federalism in the legal perspective were studied within the framework of state law. In addition, they were part of the subject of a new complex industry, which became known as "Soviet construction".

Publications of the 1920s reflected the interdisciplinarity of research interpretations. In the comparative legal aspect, the theory of federalism and types of federations were studied. In the political aspect, the features of the Soviet federation, its differences from the federations of the bourgeois type were studied. The practice of Soviet construction was analyzed and generalized from a practical perspective. The key research issue of the 1920s was to determine the legal nature of the Soviet Federation. Definitions of the legal nature of the RSFSR and the USSR were given. An important conclusion was made about the continuity and continuity of the forms of the Soviet federation. Many questions remained debatable. Clarity was not achieved on the following issues: on the composition of the subjects of the RSFSR; on the combination of national and state sovereignty. For the first time, the question of the place and role of the historical Russian center within the USSR was raised. During the period of the 1920s, priorities in the study of the problems of federalism changed. At the beginning of the period, the main attention was paid to the study of the federation as an effective way to solve the national issue. The federal structure was considered a transitional form of the Soviet state. A state built on the principles of proletarian internationalism was declared promising. At the end of the 1920s, the concept of a large unified state was most actively developed. It was proved that within the framework of the USSR, national demands are satisfied and the interests of all nations are respected.

15-23 880
Abstract

Introduction. With the development of scientific and technological progress and the gradual increase in the popularity of digital technologies, the state was forced to adapt to changing conditions and search for new ways of the informational impact on society. Modern technologies allow the state to successfully fulfil its ideological function through various Internet resources, social networks and other services. Nevertheless, in case of misuse and excessive ideological influence on society, there is a threat of establishing a totalitarian state, which, using modern technologies, will be able to establish full control over society and the individual.

Purpose. The purpose of this paper is to examine the impact of digitalisation on the ideological function of the state, and to describe the probable threats that this process may bring.

Methodology. The following methods were used: comparative-legal method, formal-logical, analysis, synthesis.

Results. The main aspects that show the impact of digitalization on the fulfilment of the ideological function by the state are outlined, the threat of building digital totalitarianism is described.

Conclusion. The state, exercising its ideological function aimed at forming value orientations, preserving unity within society and increasing the legitimacy of the state itself, has acquired significant opportunities in modern conditions. However, on the opposite side there is threat of establishing a totalitarian state with the only accepted and permitted ideology and a multitude of tools, including digital ones, for its dissemination and protection.

Authors' contributions. Sections 1, 4, 5 prepared by A.E. Evstratov; sections 2, 3 prepared by Zh.A. Shugulbaev. In all other respects, authors made equivalent contributions to the publication.

THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES

24-33 345
Abstract

The article deals with a new phenomenon for the legal science the legal response to the consequences of human behavior in the virtual space.

The subject of the research is the relations arising in the process of such response.

The aim of the study is to analyze the legal response to the consequences of personal behavior in virtual space, including in the Russian Federation.

The methodological basis of the study are logical and systematic methods of scientific knowledge, as well as methods of analysis and synthesis of legal phenomena

Foreign and domestic experience of legal response to the consequences of human behavior in virtual space is studied.

The peculiarities of legal response from the point of view of consequences for the person for malicious actions in virtual space, connected with leaving a digital footprint, are analyzed. Particular attention is paid to such characteristic of virtual space as the possibility of using its properties to implement the interest of the user, as well as consideration of virtual space through the prism of legal construction and digital sovereignty. It is stated that the legal construction, characterizing the essence of legal response to the consequences of behavior of an individual in the virtual space, should have the following meaning – "if there are harmful actions associated with the use of virtual space, it is necessary to provide a form of legal response, neutralizing such actions, otherwise the network functioning and use of electronic information resources will be accompanied by socially dangerous manifestations". At the same time the legal response to the relevant relations is considered through the prism of law enforcement results – conclusions are made about the peculiarities of such a response. Attention is focused on the peculiarities of legal response to the consequences of actions of an individual in virtual space in Russia and in China. It is noted that at the national level there is currently no universal model of legal response mechanism to the consequences of a person's actions in virtual space. It is concluded that this problem has a multidimensional nature, which is largely determined by the level of legal awareness of network users. Particular attention is paid to the need to use the potential of techniques and methods of special legal, social and psychological mechanism of law, which are considered to be an important factor in the development of law enforcement practice. The research shows that unlawful behavior in the virtual environment is closely related to various types of deviant behavior related to the use of Internet, which from the category of violating non-legal social norms (primarily, morality and ethics) turns into unlawful behavior, as it violates the requirements of law. Attention is drawn to the fact that at the national level there is currently no universal model of legal response to the consequences of human behavior in virtual space – each state goes its own way, the legal impact is often exposed to those relations which are recognized as the most important and relevant at the moment. Such a response, as a rule, is situational, often pursuing several goals (political, economic, ideological). Further study of the problem involves the need to develop a system of theoretical ideas about the forms of legal responsibility for the negative consequences of behavior in such a space.

34-43 535
Abstract

The subject of the study is the norms of current legislation regulating the creation and application of artificial intelligence technology in healthcare, including acts of technical regulation, as well as available scientific research by domestic and foreign scientists in the field presented. In recent years, foreign experts have conducted a significant amount of research on the development of ethical principles for the use of artificial intelligence in healthcare. However, these works tend to be abstract and do not explain what justifies and justifies their recommendations and how these recommendations should be used in practice. In turn, in the Russian Federation at the moment there is a small number of domestic studies devoted to a comprehensive study of ethical principles that should guide subjects engaged in the creation and use of medical devices based on artificial intelligence technologies, which confirms the relevance and significance of our research.

Objective: to develop a system of ethical principles for the creation and application of artificial intelligence technologies in the field of healthcare, which will serve as the basis for the legal regulation of public relations in the presented area.

Methods: the methodological basis of the system of ethical principles for the creation and application of artificial intelligence technologies was made up of general scientific and private scientific methods of scientific cognition, including analysis, synthesis, deduction, induction, classification, analogy and comparison.

Results: to the attention of lawyers, scientists and practitioners, medical professionals, members of clinical ethics committees, medical ethics specialists, representatives of law– making bodies, government departments, the business community and public organizations, patients, as well as a wide range of readers interested in the digital transformation of the healthcare system, ethical principles for the creation and application of artificial health technologies are proposed intelligence in healthcare, which can serve as the basis for the formation of an appropriate system of legal regulation. The stated goal has been achieved, which is confirmed by the development of a system of ethical principles that serve as the basis for the development of a system of legal regulation of artificial intelligence technologies in healthcare. The developed ethical principles can be used to further improve domestic legislation, and also lay the foundation for further research.

44-53 363
Abstract

The subject of the research is the norms of international and domestic legislation on public procurement, on combating corruption, as well as scientific works on the prevention of corruption crimes and anti-corruption prevention.

The purpose of the study is to determine the place of anti-corruption prevention in the system of preventing corruption crimes in the field of public procurement and to study its main directions.

The objectives of the study are to analyze the existing approaches in the scientific literature to the characterization of the system for preventing corruption crimes in the field of public procurement, to consider the theoretical foundations of anti-corruption prevention, as well as to characterize the main directions of anti-corruption prevention in the field of public procurement.

The work used dialectical, system-structural, formal-logical and other methods of scientific knowledge.

The scientific novelty of the work lies in the consideration of issues of anti-corruption prevention in the field of public procurement that were not previously subject to research. The article defines the place of anti-corruption prevention in the system of preventing corruption crimes in the field of public procurement, substantiates the need for the development of anti-corruption prevention in this area, and describes its main directions. The author defines anti-corruption prevention in the field of public procurement as a system of non-coercive measures aimed at creating conditions that stimulate the anti-corruption behavior of public procurement entities. The paper identifies and characterizes five main areas of anti-corruption prevention in the field of public procurement: anti-corruption openness, anti-corruption public control, anti-corruption education, anti-corruption expertise and anti-corruption encouragement. These directions are implemented at three levels: general, group and individual.

According to the results of the study, the author comes to the conclusion that in order to optimize the system of preventing corruption crimes in the field of public procurement, it is advisable to develop each of these areas of anti-corruption prevention. The development of the approach outlined in the article will ensure consistency in the analysis and reform of anti-corruption prevention in the field of public procurement.

54-63 475
Abstract

The subject. The article investigates the legal content of the concept of the economic basis of a tax and the relevant principle. The reason for choosing this subject of investigation lies in the emerging practice of how the statutory principle applies which is set out in article 3(3) of the Russian Tax Code, according to which taxes and levies should have an economic basis. Purpose of the study. The article analyses the existing ideas about the economic basis of taxes, proposes and substantiates the legal definition of the concept, specifies the types of taxable economic benefit and discloses the content of the principle of the economic grounds of a tax.

Methodology. The methodological framework comprises a systemic analysis of the provisions of Russian tax legislation, studying the practice of courts and administrative bodies, higher courts and opinions of experts, the historical background and the interrelation between the economic and legal aspects of taxation.

Conclusions. The economic basis of a tax should be understood to mean gaining an economic benefit to which tax legislation pegs the emergence of the obligation to pay the tax. Economic benefit should be understood as a positive economic outcome. The article delves into the types of economic benefit, which includes the following: added value, profit, net profit and natural resource royalty. To impose a specific tax, the principle of economic basis of a tax means an imperative requirement for the taxpayer to have relevant economic benefit.

64-72 788
Abstract

The purpose of the article is to develop a criterion for structuring the branch of tax law relevant for the period of digitalization.

The methodology of the study includes an analysis of regulatory acts of tax legislation regulating the legal regulation of digital transformation of taxation.

The main results and the scope of their application. Due to the lack of a single criterion for the formation of the structure of tax law (in different years, the tax system or the system of tax legislation was considered as such), obstacles are created in the unambiguity of understanding the system and types of tax law institutions. This leads to a number of practical problems related to the “alignment” of new tax law norms that appeared in the digital era into the “classical” tax legal relationship.

Conclusions. The criterion on the basis of which the modern legislator, as well as representatives of the tax and legal doctrine, divides tax law into institutions is a controversial issue of the relevant branch of science. Such uncertainty does not give an unambiguous understanding of the legal nature of new tax law institutions, for example, the institute of a single tax payment. At the present stage, it would be logical to use the category of “tax obligation” as a kind of link in the system of tax law, which is predetermined by its fundamental role in tax and legal regulation.

THE LAW ENFORCEMENT BY THE JUDGES

73-81 372
Abstract

The subject of the study. The legislator does not establish a list of requirements that the rulings of the court of first instance must meet. The article analyzes the requirements for the rulings of the court of first instance in civil proceedings, in comparison with the requirements for court decisions based on domestic procedural legislation and scientific literature. The purpose of the article is to confirm that the main requirements for court rulings are legality, validity, motivation, and enforceability.

The research methodology includes the formal-logical method, analysis, synthesis, logicallegal method.

Main results. An analysis of domestic legislation and scientific literature led to the conclusion that, based on the requirements that court rulings must meet, the legislator has not correctly defined a list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act.

Conclusions. Court rulings must meet the above requirements by analogy with court decisions. The issues raised in this article have not only theoretical, but also practical meaning in relation to civil procedural law in the Russian Federation. The practical problem is that at the moment the legislator has not correctly defined the list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. Court rulings in civil proceedings subject to appeal must meet the requirements of legality, validity, motivation, and enforceability. Contrary to this, in practice the opposite situation often occurs. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act. Otherwise, this will lead to a violation of the fundamental right to a fair trial and a restriction of a person's access to justice.

THE LAW ENFORCEMENT IN PRIVATE LAW

82-91 372
Abstract

The subject of the research is the problems of developing an adequate, understandable for the employee and the employer mechanism of exercising the right to conclude an employment contract.

The purpose of the scientific article is to confirm the hypothesis that the employment contract in modern conditions is not yet an agreement in its traditional sense, that the defect of will and/or expression of will, which the employee insists on challenging the terms of the employment contract, must be proved by him

The methodology of the study includes a systematic approach, formal-legal and logical interpretation, analysis and synthesis.

The main scientific results, conclusions on the achievement of the purpose of the study. Conclusion of the employment contract is a complex, multi-motivated, multi-stage process as from the position of the content and the ways and the limits of the right of the employee and the employer. As a weak party of labor legal relations, the employee agrees to the conditions of the employment contract initiated by the employer under the fear of refusal to conclude the said contract. Using the opportunities of the Labor Code of the Russian Federation, employers determine the terms of this contract with minimal risks for themselves, of right, formation of contract content which causes the emergence of numerous lawsuits from employees about the defects of will when entering into labor legal relations, about the illegality of certain terms of the employment contract.

The mechanism of concluding a labor contract by its parties, established by the labor legislation, is imperfect, and the process of forming its content is so formal that it does not allow the employee and the employer to reach a real compromise on mandatory and / or additional conditions of the contract. In the article there are proposals aimed at improving the mechanism of exercising by employees and employers of the right to conclude a contract of employment. It seems necessary to amend the Labor Code of the Russian Federation in terms of establishing a special period of appeal of an employee to the court to recognize a particular condition due to a defect of will in the conclusion of the employment contract as illegal (the beginning of the period should be defined as the day of the employment contract, since it is the day on which the employee learned or should have learned about the violation of his right); identified factors that influenced the emergence, evolution of the employee and employer will and deformed it (such factors include Only from the moment the necessary information is provided can the entitled person demand the implementation of the preferences established by labor law.

92-102 574
Abstract

The admissibility of a wider application of compensation for moral harm in violation of family rights in the science of family law is assessed ambiguously. The law provides for such an opportunity only in art. 30 of the Family Code for a conscientious spouse when the marriage is declared invalid.

It is necessary to take into account the specifics of family relations, as deeply personal, and the fact that art. 8 of the Family Code does not limit the protection of family rights in the ways specified in the legal norms, allowing the use of other methods. At the same time, in accordance with the provisions of art. 4 of the Family Code, the application of civil legislation to family relations is allowed, if it does not contradict the essence of family relations, which leads to refusals in a claim for compensation for moral harm due to the presence of obstacles to relatives from one of the parents in communicating with the child, due to the fact that the provisions of the current civil and family legislation do not provide for the possibility of his penalties.

One of the most important reasons for the negative attitude of the courts to the fundamental permissibility of a wider application of the above-mentioned measure of responsibility in violation of family rights is seen in the absence of developed conditions for an offense that would be the basis for the application of compensation for moral harm, given that such conditions, taking into account the specifics of family relations, differ significantly from the usual conditions of civil liability.

Goal. Identification of the criteria of private and family life applied by the European Court of Human Rights, as well as the study of the fundamental possibility of filing a claim for compensation for moral harm caused by the refusal of a parent to provide an opportunity to communicate with a child and participate in his upbringing to a separate parent.

Methodology. In the course of the research, methods of generalization, description, analysis, synthesis, formal legal method were used.

Results. The necessity of expanding the subject of proof in such a dispute with the inclusion of the following circumstances is justified. The presence of objective obstacles to communication, which can be associated with both the child (illness, unwillingness of the child to communicate with the parent), and with the personality of the parent living separately, communication with which can negatively affect the child. It is necessary to take into account the opinion and interests of the child. It is also necessary to take into account the actions of the parent himself, demanding compensation for moral harm, so if he evades the duties of maintaining his child, we assume the possibility of refusing the claim. Making a decision on compensation for moral harm involves taking into account the fault of the causer and his motives, which should not correspond to the interests of the child.

102-110 412
Abstract

The research is conducted in order to develop practical recommendations for the further development and improvement of various forms or sources of law, individual legal acts, norms and institutions. The main objective of the article is to highlight the problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.

The subject of the research is the norms of Russian legislation regulating relations in the field of development work, legal positions reflected in judicial practice. The object of research is public relations related to the legal institution of a contract for the performance of development work. These agreements belong to the group of consensual, retaliatory and mutual, that is, bilaterally binding agreements that are considered concluded from the moment the parties reach all essential conditions.

This type of contract has the features characteristic of both contracts for the performance of work and contracts for the provision of services. The practice of using this legal institution shows the dualistic legal nature of contracts of this type and the need to separate it into a separate independent type of contract – a contract of design activities and special legal regulation. Today in Russia, the contract for the implementation of the R&D is considered adjacent to the contract for the performance of work and is regulated by Chapter 38 of the Civil Code of the Russian Federation.

The purpose of this article is to study the main features of the contract for the performance of experimental design work, generalization or isolation of its general and specific features, analysis of various points of view on the issue of its legal nature, review of Russian legislation, as well as Russian judicial practice, their positive and negative aspects.

Methodology. In order to best solve the task, a systematic approach was used in combination with a logical method. This allowed us to study the theoretical, factual and legal foundations of the phenomenon of the contract for the implementation of R&D. The comparative legal method was also used by comparing single legal concepts and processes, contrasting legal norms and identifying similarities and differences between them, using conclusions by analogy, relying on the similarity of the signs of the facts being studied, which will allow transferring the signs from one phenomenon being studied to another.

Main results and scope of application. The article outlines the main features of the contract for the implementation of R&D, different points of view on the definition of the legal nature of this type of contract. The results of the study contribute to the identification of problems of legal regulation in the theory of legal science and in law enforcement practice, the elaboration of legal mechanisms and recommendations for improving current legislation, overcoming legal gaps.

THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY

111-120 367
Abstract

The research subject is the features of forensic and operational-search tools and methods in the fight against illegal sale of drugs and psychotropic substances, carried out by transnational organized groups using information and communication technologies.

The research goal is to analyze the current state of illicit drug trafficking, carried out by organized groups using information technologies, and to develop proposals on this basis for effective operational-search and forensic support for the detection, disclosure and investigation of such crimes.

The dialectical-materialistic method, general scientific methods of cognition, the content analysis method of scientific literature and empirical sources, the comparative legal method, the method of expert assessments constitute the methodological basis of the present research.

During the study, the following scientific findings have been obtained, namely based on the forensic practice analysis, it has been concluded that crime in the drug business has changed significantly over the last decade. It is distinguished by the complex structure of criminal groups, remote covert interaction between its members, the interstate nature of its activities, the rapid replacement of members and structural links of a criminal group, the anonymity of monetary transactions and remote legalization of criminal proceeds. Effective concealment of the crime traces and criminals through the use of information and telecommunication technologies has become its focus. Drug-related crime is rapidly transforming and adapting to changes in the criminal environment, the digital space development, in particular, it is moving into the shadow segment of the Internet (Darknet) through the TOR technology. All this allows us to state that transnational organized criminal drug trafficking activity is becoming high-tech.

To counter modern drug-related crime, it is necessary to develop international cooperation, some ways, forms and procedures of which are being proposed by the authors of the paper. The article describes in detail the possibility and feasibility of the interconnected implementation of operational-search and investigative activities, which generates a positive synergistic effect from their combination. The article proposes a set of practical measures to identify and investigate such crimes. In particular, the possibilities of using systems operating on the basis of machine learning, contextual data analysis, honeypot are being disclosed. An addendum to the Federal Law “On Operational-Investigative Activity” has been formulated, concerning the inclusion of the norm on a new operational-search measure “Internet monitoring”. Its content and potential in the practice of combating the investigated crimes have been revealed.

This study can fill a number of gaps that have existed in the scientific literature on improving the practice of countering the illegal sale of drugs by transnational organized groups using information and telecommunication technologies.

121-130 358
Abstract

This article examines the demand for additional legal instruments to ensure operational secrecy in law enforcement agencies. It identifies certain inconsistencies and gaps in the current regulatory framework, calling for improvements to consolidate both public and intra-departmental instruments into a unified legal framework. The study aims to confirm the hypothesis that enhancing the legal provisions governing operational secrecy will contribute to the effectiveness of law enforcement operations.

The research employs a comprehensive analysis of existing laws, regulations, and practices related to operational activities. It explores the concept of operational secrecy and highlights the need for a coherent understanding of this legal category. Furthermore, it emphasizes the significance of confidentiality in operational activities and the associated challenges of regulating specific methods and techniques, considering their unique and dynamic nature.

The findings reveal two key directions for the further development of operational secrecy instruments. Firstly, the article argues that publicly disclosing detailed information regarding the essence, specific instruments, and methods employed in operational activities would be counterproductive and undermine operational effectiveness. However, it also recognizes the necessity of harmonizing the understanding and application of operational secrecy by providing a clear legal definition within the legislation governing operational and investigative activities. Therefore, it proposes amending the relevant provisions of the Law “On Operational and Investigative Activities” to encompass a comprehensive legal framework for operational secrecy.

Secondly, the research highlights that information regarding overt operational and investigative measures and their contents may indirectly or directly expose the interests of law enforcement agencies, reveal their tactics for gathering information, and compromise the effectiveness of their efforts to detect, prevent, and deter criminal activities and threats to national security. While administrative liability currently applies to breaches of emerging “operational secrecy”, violations of the “secrecy of investigation” fall under criminal liability, including imprisonment. Moreover, in certain cases, criminal liability exists for breaches of information protection rules even in the civil domain. Consequently, the article suggests exploring the balance between the level of responsibility and the potential damage caused to societal interests when imposing liability for breaches of operational secrecy.

To address the identified challenges, one potential solution could be the codification of operational and investigative norms. Such an approach would not only provide a systematic and structured presentation of laws governing operational activities but also facilitate logical and consistent links between the discussed legal framework and related branches of law.

In conclusion, this study underscores the importance of additional legal instruments to safeguard operational secrecy in law enforcement agencies. It calls for improvements in the current legal framework, emphasizing the need for a unified and comprehensive legal approach. By confirming the research hypothesis, this article provides valuable insights into enhancing operational secrecy and its implications for the effectiveness of law enforcement operations.

THE LAW ENFORCEMENT IN INTERNATIONAL LAW

131-139 314
Abstract

The subject. Sports legal relations, as having a private legal nature, and assuming “horizontal” inter-subject relations by default, do not imply the extension to them the guarantees provided by international acts in the field of human rights protection in order to protect the individual in “vertical” interaction with public subjects. However, this doctrinal approach is still questioned by sports actors, who make attempts to refute it through the involvement of certain norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) (Articles 6 and 8, mostly) as arguments in sports disputes. An additional incentive for this is the location of international and continental sports federations, their jurisdictional bodies and the Court of Arbitration for Sport (CAS) in the national legal orders that recognize the application of the mentioned ECHR.

The purpose of the study. The prospects of arguments in the resolution of sports disputes based on the requirements of the literal use of the norms of the ECHR are considered in this article.

Methodology. Methods of analysis and comparison based on the CAS practice.

The main results of research and the field of their application. The use of only certain meanings of part 1 of Article 6 of the ECHR in sports justice is forced to be taken into account by CAS due to the prospect of appealing decisions to the Swiss Federal Tribunal.

Conclusions. The norms of the ECHR generally do not apply in sports justice.

140-147 347
Abstract

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.

The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.

SCIENTIFIC LIFE

148-151 272
Abstract

In 2022 the MGIMO University Publishing house has released the monograph authored by Shokhin and E.V. Kudryashova “The Legal Framework for strategic planning in contemporary Russia”. This review represents the book for the international audience. There is also a discussion of the monograph’s key points.



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ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)