DOI: 10.25136/2409-7136.2023.2.39687

EDN: CFLSDR

Abstract: Today, the Russian Federation has a number of strategic planning documents, federal laws, by-laws, SanPiNs and GOSTs in place to ensure the medical and biological safety of the population. The system of environmental protection legislation and legislation in the field of health care and sanitary and epidemiological support, the norms of which regulate, to some extent, the issues of ensuring medical and biological safety, has developed to a great extent. It should be noted a number of problems inherent in the whole body of legislation regulating various aspects of medical and biological safety, which require a priority solution through the consolidation of efforts of the state and representatives of legal and sectoral sciences, as well as civil society. A characteristic feature of legislation in the field of biomedical safety is that in most cases it develops in response to past or existing threats, although in today's world it is more necessary than ever to develop it in advance, taking into account the foreseeable risks. The large number of rules governing relations in the field of biomedical security, which are often in conflict with each other, greatly complicates their enforcement. Legal science faces an urgent need to develop a strategy (content) and tactics (implementation mechanism) of state-legal policy in the field of ensuring both medical and biological, and inextricably linked to it, environmental security of the state, adequate to the realities of the current stage of social development.

DOI: 10.25136/2409-7136.2023.2.39736

EDN: HTIMRX

Abstract: The subject of the study is the theoretical and methodological foundations of forensic economic expertise. The object of the study is judicial economic expertise when challenging transactions in bank bankruptcy cases. The author examines in detail such aspects of the topic as forensic economic expertise, the classification of which was analyzed on the basis of existing regulations, problems were identified and conclusions were drawn. The role of expertise in the recognition of transactions, the subject of which is a trademark or domain name, is invalid in the framework of the consideration of bank insolvency cases. Particular attention is paid to the importance of forensic economic expertise, due to the impossibility of making the right decision without its implementation in bank bankruptcy cases.   The main conclusions of the study are proposals for the introduction of the concept of complex expertise, the elimination of gaps in legislation that have arisen due to the fact that the legislative institute lags behind the development of expert science and each expert performs conclusions due to his knowledge and experience, generating a variety of approaches to the assessment of the object. The article deals with the problems of expertise, both in bankruptcy cases of credit institutions, and in general at the level of legislative regulation. Based on the results of the conceptual analysis of the forensic economic examination, having considered a particular example from judicial practice, taking into account the attribution of an insolvent bank to a special category of subjects, the author made proposals to improve the institute of expertise.

DOI: 10.25136/2409-7136.2023.2.39735

EDN: IQJATS

Abstract: The subject of the study are the norms of Russian and foreign financial legislation and other sources of law regulating the activities of the Central Bank of the Russian Federation on supervision of the behavior of participants in the financial market of the Russian Federation. The object of the study is the social relations arising in the implementation of behavioral supervision of the Central Bank of the Russian Federation. The author examines in detail such aspects of the topic as the concept and essence of behavioral supervision of the Central Bank of the Russian Federation. Particular attention is paid to the concepts of the phenomenon under study that have developed in practice and science during the period of supervision by the Central Bank of the Russian Federation for the detection of unfair practices in the financial market. The novelty of the research lies in the fact that the author has considered in detail the concept and essence of one of the instruments of the Central Bank of the Russian Federation – "behavioral supervision". Behavioral supervision is a tool designed to identify and counter unfair practices in the sale of financial products and services, as well as other patterns of behavior of financial market entities that violate the rights and freedoms in the financial market. In a number of foreign countries, behavioral supervision has long found its place in the system of control and supervisory measures of the relevant state bodies. In Russia, behavioral supervision is a formative legal category, the legal consolidation of which is absent in legislation. Based on the analysis of foreign legislation and law enforcement practice of the Bank of Russia, the article formulates the concept of behavioral supervision and its essential features.

DOI: 10.25136/2409-7136.2023.2.39785

EDN: FUOROY

Abstract: The author discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of Malta and the Russian Federation. A study of legal regulation and a study of the positions of legal scholars of the Republic of Malta, in terms of regulating the turnover of cryptocurrencies, as well as the experience of legal regulation of the turnover of cryptocurrencies in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of Malta. Public relations arising in connection with the turnover of cryptocurrencies are not fully regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of Malta. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. The goal of the study is to investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of Malta and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.

DOI: 10.25136/2409-7136.2023.2.38640

EDN: IPLGBH

Abstract: The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.

DOI: 10.25136/2409-7136.2023.2.39680

EDN: IVZVCZ

Abstract: The purpose of the study of the article is to consider the legal regulation of the field of pharmacy in the late 17th - early 19th centuries, using the methods of historical heuristics and general statistics. The relevance of studying the problem of legal regulation of pharmacy is due to the fact that, despite the high scientific interest in the history of medicine, as one of the leading areas of interdisciplinary research, there is an extremely limited number of works on the issue under consideration, mainly represented by general lecture courses for medical students. The object of this study is the process of legislative regulation of pharmacy in the late 17th - early 19th centuries. The subject of study is a wide range of normative legal acts presented in the Complete Collection of Laws of the Russian Empire. A special contribution of the authors of the study of the topic is the analysis of more than 150 legal acts (NLA) for the specified historical period. The authors carry out the distribution of the NPAs under consideration according to the subjects of their regulation by the periods of leadership of the country by the Russian rulers. The authors conclude that pharmacy was an important component of legislative activity in the field of legal regulation of healthcare. Directions of regulation within the framework of pharmacy for the period under review cover a wide range: from military pharmacies to determining the behavior of pharmacy students. The formation of pharmacy in Russia has largely developed, as legal sources show, thanks to the imperative norms of the supreme power.