DOI: 10.7256/2454-0765.2015.1.14844

Abstract: The report gives proofs of the actuality of including a new branch of law – economic law – in Russia’s legislative system. A review of several foreign analogues is presented (the economic law in Germany, France and China). The author accentuates the simultaneity of the genesis and development of economic processes and relative legislation regulations, within the historic stages of their development (the stages of accumulation, production, distribution and consumption, in connection with the specifics of the approaches of theorists of economy, corresponding with the epoch of each stage). The author uses both general scientific methods (comparison, analysis, abstracting, generalization) and specific scientific ones (the formal dogmatic method, comparative analysis of legislations and others). An innovative approach suggested by the author is the necessity to separate economic legislation as a mega branch of law. This mega branch presents an entity of the basic principles of the Russian law, viewed in their interconnection, taking into account the consideration that an entity is something more qualitatively significant than just a sum of its parts.

Keywords: educational technology, foreign countries, economic law, economic disputes, economic policy, economic theory, mega branch, Russian system of law, economy, system

DOI: 10.7256/2454-0765.2015.1.66392

Abstract: The report gives proofs of the actuality of including a new branch of law – economic law – in Russia’s legislative system. A review of several foreign analogues is presented (the economic law in Germany, France and China). The author accentuates the simultaneity of the genesis and development of economic processes and relative legislation regulations, within the historic stages of their development (the stages of accumulation, production, distribution and consumption, in connection with the specifics of the approaches of theorists of economy, corresponding with the epoch of each stage). The author uses both general scientific methods (comparison, analysis, abstracting, generalization) and specific scientific ones (the formal dogmatic method, comparative analysis of legislations and others). An innovative approach suggested by the author is the necessity to separate economic legislation as a mega branch of law. This mega branch presents an entity of the basic principles of the Russian law, viewed in their interconnection, taking into account the consideration that an entity is something more qualitatively significant than just a sum of its parts.

Keywords: educational technology, foreign countries, economic law, economic disputes, economic policy, economic theory, mega branch, Russian system of law, economy, system

DOI: 10.7256/2454-0765.2015.1.15030

Abstract: The aim of the following review is to give proof of the necessity of introducing a new branch of law – economic law – in Russia’s legislation system. The author reviews a number of speeches of the participants of the conference that illustrate the close interconnection between economy and law. He also accentuates the dependence of several types of economic activities (tax, parafiscal tax, investments, banking, foreign commerce, customs procedures and several others) on their legal figurations. In his study, the author applies both general scientific methods (comparison, analysis, synthesis, abstracting, generalization) and special scientific ones (the formal-dogmatic method, comparative analysis and others). The author comes to the conclusion of the practicability of separating economic law into a special mega-branch of the juridical science. This conclusion is backed with some practical examples that have been given by experts in such branches of Russian legal science as financial law, entrepreneurial law, civil law, administrative law and several others.

Keywords: entrepreneurial law, geopolitics, banking law, the subject of economic law, economic law, law, economy, administrative economic law, investment law, customs law

DOI: 10.7256/2454-0765.2015.1.66393

Abstract: The aim of the following review is to give proof of the necessity of introducing a new branch of law – economic law – in Russia’s legislation system. The author reviews a number of speeches of the participants of the conference that illustrate the close interconnection between economy and law. He also accentuates the dependence of several types of economic activities (tax, parafiscal tax, investments, banking, foreign commerce, customs procedures and several others) on their legal figurations. In his study, the author applies both general scientific methods (comparison, analysis, synthesis, abstracting, generalization) and special scientific ones (the formal-dogmatic method, comparative analysis and others). The author comes to the conclusion of the practicability of separating economic law into a special mega-branch of the juridical science. This conclusion is backed with some practical examples that have been given by experts in such branches of Russian legal science as financial law, entrepreneurial law, civil law, administrative law and several others.

Keywords: entrepreneurial law, geopolitics, banking law, the subject of economic law, economic law, law, economy, administrative economic law, investment law, customs law

DOI: 10.7256/2454-0765.2015.1.14859

Abstract: The article reviews the currently existing approaches towards banking law. The author gives proof of the reasonability of demarcating between two spheres of public control in banking law –public banking law and private banking law. The subject analyzed in the article is social relations that have to do with public banking law. The author determines the subject of public banking law and the methods of legal regulations specific for public banking law. He also demarcates the sphere of social relations that are regulated by the norms of public banking law and determines the system of public banking law. The author uses the method of comparing laws, as well as methods of analysis and synthesis, which allows him to come to the following conclusions: the specifics of banking activity, the role of credit institutions in modern economy and several peculiarities of their relations with creditors – first of all, with depositors – bring to life the necessity of considerable public interference in the activity of credit institutions. He also notes that public legal norms form the basis of up-to-date regulations of banking activities.

Keywords: private banking law, legal regulation, banking, system of banking law, method, subject, public banking law, banking law, social relations, legal norms

DOI: 10.7256/2454-0765.2015.1.66394

Abstract: The article reviews the currently existing approaches towards banking law. The author gives proof of the reasonability of demarcating between two spheres of public control in banking law –public banking law and private banking law. The subject analyzed in the article is social relations that have to do with public banking law. The author determines the subject of public banking law and the methods of legal regulations specific for public banking law. He also demarcates the sphere of social relations that are regulated by the norms of public banking law and determines the system of public banking law. The author uses the method of comparing laws, as well as methods of analysis and synthesis, which allows him to come to the following conclusions: the specifics of banking activity, the role of credit institutions in modern economy and several peculiarities of their relations with creditors – first of all, with depositors – bring to life the necessity of considerable public interference in the activity of credit institutions. He also notes that public legal norms form the basis of up-to-date regulations of banking activities.

Keywords: private banking law, legal regulation, banking, system of banking law, method, subject, public banking law, banking law, social relations, legal norms

DOI: 10.7256/2454-0765.2015.1.14811

Abstract: The subject of the article is social relations that form in the process of carrying out financial control in Russia and other countries. The article analyzes the definition, types and functions of financial control in Russia, provides classification of institutions of financial control and examines the experience of legal regulation of the government’s fiscal control in several countries, e.g. in Germany and the US. The author analyzes the peculiarities of organization of systems of financial control in the above-mentioned countries. The methodological basis of the study is the general scientific method of dialectical cognition, the method of comparing legal systems, the formal logical method and the logical methods of analysis, synthesis, deduction and induction. The author’s study allowed him to make the following conclusions: The legal regulation of financial control is determined by the form of the state structure. Thus, in federal states, two parallel systems of government control form – federal and regional, while regional institutions of government control are independent from the nationwide agencies of control from the point of view of their organization and functions. Besides, in Germany and the US, special attention is being paid to public control. In these countries, reports from individuals about illegal actions of the authorities like excessive use of budget funds are an effective measure that enables to prevent or terminate abusive actions of parties in financial legal relations.

Keywords: foreign countries, government financial control, control abroad, functions of control, types of control, financial control, control authorities, public control, Germany, USA

DOI: 10.7256/2454-0765.2015.1.66395

Abstract: The subject of the article is social relations that form in the process of carrying out financial control in Russia and other countries. The article analyzes the definition, types and functions of financial control in Russia, provides classification of institutions of financial control and examines the experience of legal regulation of the government’s fiscal control in several countries, e.g. in Germany and the US. The author analyzes the peculiarities of organization of systems of financial control in the above-mentioned countries. The methodological basis of the study is the general scientific method of dialectical cognition, the method of comparing legal systems, the formal logical method and the logical methods of analysis, synthesis, deduction and induction. The author’s study allowed him to make the following conclusions: The legal regulation of financial control is determined by the form of the state structure. Thus, in federal states, two parallel systems of government control form – federal and regional, while regional institutions of government control are independent from the nationwide agencies of control from the point of view of their organization and functions. Besides, in Germany and the US, special attention is being paid to public control. In these countries, reports from individuals about illegal actions of the authorities like excessive use of budget funds are an effective measure that enables to prevent or terminate abusive actions of parties in financial legal relations.

Keywords: foreign countries, government financial control, control abroad, functions of control, types of control, financial control, control authorities, public control, Germany, USA

DOI: 10.7256/2454-0765.2015.1.14964

Abstract: The needs of the population bring to life the necessity of developing a competitive market of financial services that, however, should not permit suppression of regional banks and other structures engaged in save-and-loan activity, by large credit and financial institutions. Upgrading the efficiency of economy implies freedom of entrepreneurship and development of various types of property. Freedom that liberates an individual’s entrepreneurial initiative should be backed with possibility of realization – first of all, availability of resources (including credits); otherwise, it would have rather negative than positive effects. Moreover, competition endows an owner of free monetary resources with a possibility to place them in a business where their safety and purchasing power is best ensured. Development of the market of microfinance services, which is an inalienable part of a financial market, is currently becoming one of the main conditions of forming a competitive landscape. One of the most crucial problems here is providing the reliability of regional financial institutions. Aiming at that, the Central Bank of Russia is toughening its requirements towards all credit and financial institutions, changing the framework of their activities. The article analyzes conditions for forming organizations that provide microfinance services. The author aims at outlining the role of institutions of micro-financing in the development of the economic potential of regions and municipalities. Particular attention is attached to the role of credit cooperation. The author uses the deductive method and the method of comparative analysis of historic realia. He bases on the evolutionary theory, with adherence to the concept of stadial typology of economic development. The novelty of the author’s approach is his suggestion to estimate the market of microfinance services from the position of the interests of regions and municipal units and not of the entire Russia’s market.  The article gives proofs of the necessity to develop microfinance institutions that directly influence social and economic development of a region. Comparing the conditions of functioning of banks and microfinance structures under the Russian government’s current policy, the author comes to the conclusion of small effectiveness of the current approach of Russia’s Central Bank towards controlling both large and small financial and credit institutions. The results of the author’s analysis show that the government’s management has created several competitive advantages to large structures, to the disadvantage of small ones, and that the competitive landscape needs several corrections.

Keywords: competitive conditions, government control management, control of the Central Bank, interests of f region, credit cooperation, microfinance activity, market of financial services, completion preferences, banks, microfinance organizations

DOI: 10.7256/2454-0765.2015.1.66396

Abstract: The needs of the population bring to life the necessity of developing a competitive market of financial services that, however, should not permit suppression of regional banks and other structures engaged in save-and-loan activity, by large credit and financial institutions. Upgrading the efficiency of economy implies freedom of entrepreneurship and development of various types of property. Freedom that liberates an individual’s entrepreneurial initiative should be backed with possibility of realization – first of all, availability of resources (including credits); otherwise, it would have rather negative than positive effects. Moreover, competition endows an owner of free monetary resources with a possibility to place them in a business where their safety and purchasing power is best ensured. Development of the market of microfinance services, which is an inalienable part of a financial market, is currently becoming one of the main conditions of forming a competitive landscape. One of the most crucial problems here is providing the reliability of regional financial institutions. Aiming at that, the Central Bank of Russia is toughening its requirements towards all credit and financial institutions, changing the framework of their activities. The article analyzes conditions for forming organizations that provide microfinance services. The author aims at outlining the role of institutions of micro-financing in the development of the economic potential of regions and municipalities. Particular attention is attached to the role of credit cooperation. The author uses the deductive method and the method of comparative analysis of historic realia. He bases on the evolutionary theory, with adherence to the concept of stadial typology of economic development. The novelty of the author’s approach is his suggestion to estimate the market of microfinance services from the position of the interests of regions and municipal units and not of the entire Russia’s market.  The article gives proofs of the necessity to develop microfinance institutions that directly influence social and economic development of a region. Comparing the conditions of functioning of banks and microfinance structures under the Russian government’s current policy, the author comes to the conclusion of small effectiveness of the current approach of Russia’s Central Bank towards controlling both large and small financial and credit institutions. The results of the author’s analysis show that the government’s management has created several competitive advantages to large structures, to the disadvantage of small ones, and that the competitive landscape needs several corrections.

Keywords: competitive conditions, government control management, control of the Central Bank, interests of f region, credit cooperation, microfinance activity, market of financial services, completion preferences, banks, microfinance organizations

DOI: 10.7256/2454-0765.2015.1.14693

Abstract: The aim of the article is to clarify the content of the economic concept “franchising enterprise” through analysis of economic glossaries and scientific literature and demonstration of diverse approaches towards the definition of “franchising”. The tasks of the author were to determine the stages of the development of the franchising sphere in Russia; to form a model of organization of territorial franchising; to reveal geographical regions that apply special legislature for regulating franchising; to specify the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising. The method used in the article is analysis of economic glossaries and scientific literature, as well as comparison of various interpretations of the concept “franchising”. The main conclusions of the article are that the modern concept of franchising is beneficial in wide recognition of goods and services, as well as in higher culture of servicing the client. Mutual support between entrepreneurs may be helpful in acquiring new ideas, methods and technologies and in solving the problem of unemployment at the regional level through attracting a wide range of employees in franchising businesses.  The novelty of the article is that it gives definition of the stages of the development of the franchising sphere in Russia, formulates a model of organization of territorial franchising, reveals geographical regions that use special legislature for regulation of franchising, specifies the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising.

Keywords: franchise package, franchising agreement, franchiser, franchisee, franchising, franchising enterprise, lisence, small business, concept, content

DOI: 10.7256/2454-0765.2015.1.66397

Abstract: The aim of the article is to clarify the content of the economic concept “franchising enterprise” through analysis of economic glossaries and scientific literature and demonstration of diverse approaches towards the definition of “franchising”. The tasks of the author were to determine the stages of the development of the franchising sphere in Russia; to form a model of organization of territorial franchising; to reveal geographical regions that apply special legislature for regulating franchising; to specify the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising. The method used in the article is analysis of economic glossaries and scientific literature, as well as comparison of various interpretations of the concept “franchising”. The main conclusions of the article are that the modern concept of franchising is beneficial in wide recognition of goods and services, as well as in higher culture of servicing the client. Mutual support between entrepreneurs may be helpful in acquiring new ideas, methods and technologies and in solving the problem of unemployment at the regional level through attracting a wide range of employees in franchising businesses.  The novelty of the article is that it gives definition of the stages of the development of the franchising sphere in Russia, formulates a model of organization of territorial franchising, reveals geographical regions that use special legislature for regulation of franchising, specifies the basic principles of regulatory acts of the world’s leading nations, which, as authoritative ones, allow to outline characteristics of any entrepreneurial form of franchising.

Keywords: franchise package, franchising agreement, franchiser, franchisee, franchising, franchising enterprise, lisence, small business, concept, content