scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

Digital Financial Assets: Problems and Prospects of Legal Regulation

2020 ◽  
Vol 15 (6) ◽  
pp. 43-54
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Rights ◽  
The Russian Federation ◽  
Federal Laws ◽  
And Diffusion ◽  
Digital Assets

The emergence and diffusion of digital assets, especially cryptocurrencies, necessitated their legal regulation. The paper investigates the main approaches to the legal regulation, which is already implemented in the Civil Code of the Russian Federation and other federal laws. Particular attention is paid to the novelties of the legal regulation that have been envisaged in the draft Federal Law “On Digital Financial Assets.” The draft Federal Law is being currently debated in the State Duma of the Russian Federation. The paper analyses in detail the concept of digital financial assets as a specific type of digital rights. The author also compares the concepts of uncertified securities and non-cash money. The author investigates the issues of digital financial assets issuance and peculiarities of their circulation. The paper substantiates the requirements applied to information systems and their operators included into the draft law in compliance with which the issue of digital financial assets is carried out.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Legal Status ◽  
Legal Regulation ◽  
Advanced Training ◽  
Federal Law ◽  
Labor Legislation ◽  
Additional Qualification ◽  
The Russian Federation ◽  
The Government

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals LEGAL REGULATION OF REAL ESTATE USE IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 3 (2) ◽  
pp. 195-200
Author(s):  
Anastasia Shinkovskaia ◽  
Liliya Chilinger
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Central Place ◽  
Legal Regulation ◽  
Land Law ◽  
Federal Law ◽  
The Russian Federation

The central place in the presented article is given to the sphere of legal regulation and changes in the permitted use of real estate in the Russian Federation. We study the basic legal acts, as well as innovations proposed for consideration of the draft Federal Law N 496293-7. In addition, the issues addressed relate to the related legal status of real estate. Concrete examples are given to illustrate the interdepartmental dissociation of government bodies and the problems of variation in the interpretation of land law. In conclusion, a list of measures necessary for making decisions for the problems identified is given.

scholarly journals Digital Currencies: Problems of Legal Regulation

2020 ◽  
Vol 15 (11) ◽  
pp. 103-113
Author(s):  
A. A. Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Comprehensive System ◽  
Financial Assets ◽  
Federal Law ◽  
Financial Instrument ◽  
Digital Currency ◽  
The Russian Federation ◽  
First Time

The paper analyzes the provisions of the Federal Law of July 31, 2020, № 259-FZ “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” concerning the legal regulation of circulation of digital currencies. The author elucidates legal definitions of such concepts as “digital currency”, “organization of digital currency issuance”, “digital currency issuance”, “organization of circulation of digital currency” and focuses on their shortcomings. The paper also highlights the features of digital currencies, describes types of transactions with this financial instrument, outlines the circle of subjects of relations arising in the process of circulation of digital currencies. In general, it must be recognized that Law No. 259-FZ failed toresult in the creation of a comprehensive system of legal regulation of circulation of digital currencies, its provisions are piecemeal and sometimes controversial in nature. At the same time, the legal act under consideration is of fundamental importance because, for the first time at the legislative level, it has enshrined the rules governing public relations that are being formed in the process of circulation of digital currencies.

scholarly journals On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims

Legal Concept ◽  
2020 ◽  
pp. 123-127
Author(s):  
Anna Zemskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Foreign Nationals ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.

scholarly journals THE MONETARY SYSTEM OF THE RUSSIAN FEDERATION: DIGITAL NOVELTIES AND THEIR IMPACT ON THE LEGAL CAPACITY OF PARTIES TO FINANCIAL RELATIONSHIPS

Banking law ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-34
Author(s):  
Elena V. Pokachalova ◽  
◽  
Marina V. Gudkova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Capacity ◽  
Structural Elements ◽  
Legal Personality ◽  
Digital Currency ◽  
Monetary System ◽  
The Russian Federation

The article discusses controversial issues about the structural elements of the monetary system of the Russian Federation and the introduction of digital currency (digital ruble) as a new form of the Russian ruble and an innovative financial instrument. The problems of financial and legal regulation of digital currency and the resulting transformation of the legal personality of participants in financial relations are analyzed, proposals are made to improve domestic financial and related legislation and to determine the financial and legal status of digital currency in the state.

Certain issues of the formation of the administrative and legal status of the Judicial Department at the Supreme Court of the Russian Federation

2020 ◽  
Vol 22 (3) ◽  
pp. 70-76
Author(s):  
ELENA A. LESNYKH ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Access To Justice ◽  
Federal Law ◽  
Effective Work ◽  
The Supreme Court ◽  
Full Independence ◽  
The Russian Federation

The subject of this article is the administrative and legal status of the Judicial Department under the Supreme Court of the Russian Federation. A critical analysis of some provisions of the Federal law ‘On the Judicial Department’, which are not quite successful, in the author’s opinion, reveals a trend in the development of the legal status of the Department, which does not go beyond the narrowly utilitarian implementation of the functions of financial, material, technical and personnel support for real access to justice. Based on the analysis of scientific and practical literature, normative material, the author reveals a contradiction between the recognized in the literature some uncertainty of legal status, on the one hand, and adequate and effective work that corresponds to the tasks facing the Department, on the other. There are obvious contradictions and gaps in the legal regulation of the Department’s activities that require correction. Thus, the definition of the Department ‘under’ the Supreme Court of the Russian Federation puts it formally and legally, in terms of literal interpretation of the law, in direct administrative subordination. To ensure full independence of the Judicial Department as ‘non-systemic’ beyond the branches of government, public authority proposed to withdraw it from the jurisdiction of the Supreme Court in personnel matters with the appointment of the Head of Department by the decree of the President of Russia on representation of the Council of judges.

scholarly journals The Bank of Russia as a Regulator in the Market of Financial Technologies

2021 ◽  
Vol 16 (3) ◽  
pp. 45-51
Author(s):  
K. B. Razdorozhnyy
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Financial Asset ◽  
Financial Assets ◽  
Integrated Development ◽  
Digital Currency ◽  
The Russian Federation ◽  
Asset Exchange

The paper is devoted to the study of the legal status of the Bank of Russia in the market of financial technologies. The author highlights that the Central Bank of the Russian Federation is consistently given powers to regulate, control and supervise the activities of operators of investment, financial platforms, digital financial asset exchange operators, as well as information platforms issuing digital financial assets. At the same time, the author concludes that measures taken for the integrated development of this industry are insufficient. In this regard, the author proposes to give the Bank of Russia powers to regulate, control and supervise activities directly associated with the issuance and circulation of cryptocurrencies (digital currencies). The study reveals the lack of the legal framework necessary for the issuance and circulation of the national digital currency that is proposed to be considered as electronic funds, with the Bank of Russia acting as an electronic funds operator. The author also concludes that there is a need to combine both general ways of financial and legal regulation of relations associated with the development of new financial technologies and specific ones providing for the application of experimental legal regimes.

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