scholarly journals Syndicated Lending: Law Enforcement and Legislative Refinements

2021 ◽  
Vol 26 (3) ◽  
pp. 261-267
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Tax Revenue ◽  
Revenue Growth ◽  
Lending Institution ◽  
Key Issues ◽  
The Russian Federation ◽  
Analysis System ◽  
Business Competitiveness

Subject. This article focuses on the development of the syndicated lending institution as the respective legal framework emerges. Objectives. The article aims to consider problems of the development of syndicated lending in Russia and describe the main areas for further changes in the legal regulation. Methods. For the study, I used logical and structural analyses, and functional analysis system and legalistic approaches. Results. The article describes the essence, features and legal regulation of syndicated lending, and evaluates enforcement practices based on the new syndicated loan law. It also formulates key issues and identifies further areas for changing the legal regulation of syndicated lending. Conclusions. The development of syndicated lending can significantly support large and medium-sized businesses in terms of job preservation, tax revenue growth, and business competitiveness. The findings can contribute to the theory of syndicated lending in the Russian Federation, and practical activities to suggest possible legislative and regulatory improvements in this area.

Syndicated lending: Law enforcement and legislation improvement

2021 ◽  
Vol 27 (2) ◽  
pp. 370-384
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Tax Revenue ◽  
Revenue Growth ◽  
Lending Institution ◽  
Key Issues ◽  
The Russian Federation ◽  
Analysis System ◽  
Business Competitiveness ◽  
Credit Law

Subject. This article deals with the issues related to the development of the syndicated lending institution in the aspect of the emerging legal framework in this area. Objectives. The article aims to consider the problems of the development of syndicated lending in Russia and describe the main areas for further changes in the legal regulation. Methods. For the study, I used logical and structural analyses, and functional analysis system and legalistic approaches. Results. The article describes the essence, features and legal regulation of syndicated lending, and evaluates enforcement practices based on the new syndicated credit law. It also formulates key issues and identifies further areas for changing the legal regulation of syndicated lending. Conclusions. The development of syndicated lending can significantly support large and medium-sized businesses in terms of job preservation, tax revenue growth, and improving business competitiveness. The results of the study can be used both in theory of syndicated lending in the Russian Federation, and in practical activities to develop proposals to improve regulation in this area.

scholarly journals Prospects of Legal Regulation of Crypto Economy and ICO in Russia and Other Countries

2019 ◽  
Vol 14 (5) ◽  
pp. 80-99
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Regulation ◽  
Financial Assets ◽  
Foreign Investments ◽  
Current State ◽  
Terrorism Financing ◽  
Key Issues ◽  
The Russian Federation ◽  
The Eu

This article discusses the key issues of legal regulation of the crypto economy in some countries (USA, Switzerland, France, Russia, Belarus, Israel, and the EU as a whole). Special attention is paid to the legal regulation of ICO as a way to attract foreign investments. The statements of regulatory authorities of different countries are considered; the existing practice of ICO project regulation and the current state of the primary token placement market are analyzed; the aspects of the extraterritorial effect of the U.S. securities legislation are studied, and so are thekey risks for the investor and the creator of an ICO project. A separate paragraphis devoted to the known methods used by law enforcement services (e.g. Europol)to fight money laundering and terrorism financing through criminal cryptocurrencytransactions. As a result of the analysis, taking into account the current practice of combating money laundering, recommendations are made to changethe relevant legislation. In addition, this article discusses the problems of legal uncertainty regarding the taxation of crypto assets. The authors analyzed the currentlegal framework in the Russian Federation aimed at regulating the turnover of crypto assets. In particular, the bill on digital financial assets was considered. The overall conclusion of the study is that, in general, Russia today has the opportunityto become one of the leaders in the new market. Russia ranks second in the world in the number of ICOs, and the country has launched a number of blockchainprojects that are popular around the globe.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

INTERNATIONAL AND LEGAL FRAMEWORK FOR COMBATING CORRUPTION CRIMES RELATED TO GIVING AND PASSING BRIBES AND OTHER TYPES OF ILLEGAL REMUNERATION

2021 ◽  
pp. 65-72
Author(s):  
Павел Владимирович Никонов
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Standards ◽  
Transnational Organized Crime ◽  
Legal Documents ◽  
Illegal Acts ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Criminal Legislation

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

Demarcation Between the Concepts of Tax Evasion, Tax Planning and Aggressive Tax Planning in the Russian and Foreign Practice

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
Tax Evasion ◽  
Information Exchange ◽  
Multinational Enterprises ◽  
Legal Framework ◽  
Tax Planning ◽  
Tax Revenue ◽  
Public And Private ◽  
Private Interests ◽  
Border Trade ◽  
The Russian Federation

One of the main consequences of globalization is development of cross-border trade of goods, work and services, emergence of multinational enterprises operating on the territory of two or more jurisdictions. Taxation of multinational enterprises is always controversial taking into consideration seeking of balance of public and private interests which involves taxpayer’s desire to decrease the amount of payable taxes and reverse governmental interest in obtainment of the full amount of the tax revenue. The article covers and differentiates the main models of taxpayer’s behavior aimed at reducing the amount of payable taxes: tax evasion, tax planning and aggressive tax planning, the harm caused by these activities to governmental budget revenues. The article deals with Russian and foreign legal framework and practice of each of the abovementioned legal phenomenon, highlighted the necessity of statutory recognition in the Russian Federation of the term “tax planning” and its principles to define its limits clearly. The article outlines different approaches to the term “aggressive tax planning” and the limits of this term, importance of cooperation among jurisdictions and information exchange to detect and give appropriate legislative and administrative responses for aggressive tax planning schemes.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

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