предпринимательская деятельность

Innovative Activity аs Legal Institution

In article modern problems of legal regulation of innovative activity in the Russian Federation are considered. The author proves the position according to which there are all necessary theoretical preconditions considering innovative activity as interbranch institution of the Russian law.

E-commerce using blockchain technologies

Introduction. The article analyzes the practice of using blockchain technologies for commercial activities in the Russian Federation. Currently, in the Russian Federation, two main directions of such commerce can be distinguished: conclusion and execution of smart contracts; implementation of transactions with cryptocurrencies. Theoretical analysis. Nowadays, the Russian legislation hardly regulates the conclusion of smart contracts. However, this does not prevent entrepreneurs from using some general provisions of the Civil Code in their practical activities. As for cryptocurrencies (digital currencies), they are not currencies in the literal sense and the number of transactions with them is significantly limited by the legislator. Empirical analysis. Gaps in domestic legislation are currently being filled to some extent by court practice, primarily arbitration. In particular, the courts clearly qualify the cryptocurrency mining activity as entrepreneurial. As for investing financial resources in cryptocurrencies, it is regarded as a form of fiduciary management. Results. At this stage, it is necessary to recognise digital currencies as assets not only for certain purposes, but for a wider range of relationships. As far as smart contracts are concerned, an important problem is the problem of understanding its meaning and content by all its parties. To solve this problem, it is necessary to introduce a rule in the national civil legislation according to which a smart contract should have a text with all its terms in Russian (or in any other language acceptable to both parties).

About Crime in the Sphere of Entrepreneurial Activity and Some of Measures for its Prevention

This article introduces criminological aspects of crime and the existence in the sphere of entrepreneurial activity and discusses some of the measures for its prevention. 

Concept and Declaratory of the Constitutional Law of Person for Enterprise According to Russian and German Constitutional Law

The article is devoted to the comparative law research of concept and declaratory of the constitutional law of person for enterprise according to Russian and German constitutional law. The author analyzes and compares the notion and content of this law, which has revealed its peculiarities according to other constitutional laws, embodied in Constitution of Russian Federation and in main law of Federal Republic of Germany.

Constitutional Regulation of Economic Relations in Foreign Countries: History and Modernity

Introduction. The constitutional regulation is considered as an impact of a constitution on the most essential aspects of life in society. Singling out common features of the constitutional regulation, “generations of constitutions” does not resolve an issue of existence of the common and special features in formulation of the principles of functioning of various systems, including economic relations, in constitutions of various periods. Theoretical analysis. Stipulation of the constitutional regulations on the bases of the economic system of the state depends to a lesser extent on the time of creation of the constitution. When determining economic bases, leaders of states rely mostly on economic policies. Еmpirical analysis. Assessment of provisions of constitutions of various foreign countries showed that three components of the constitutional regulation of the relations under consideration can be found in the consitutions of "the first generation". Such models can be singled out from the position of legal status of a personality, from the position of organization of public power and from the position of a territorial structure of a state. The constitutions of “the second generation” considerably broadened the sphere of the constitutional regulation of public relations including the economic sphere. In modern constitutions economic relations are regulated with a high degree of unification. Results. The similarity of the basic principles of the constitutional consolidation of economic relations does not mean existence of a uniform model of the constitutional regulation of the economic relations. The lack of the uniform model is caused by traditions of the constitutional legislation of a particular state, arrangement of political forces at the time of development of the draft constitution.

Actuality of the Study of Economic Safety of the Enterprise in the Face of Global Economic Instability

Introduction. The theme of economic security is of increasing importance, the very dynamic, contradictory trends and developments in the modern world. Theoretical analysis. The problem of global economic security for our country. The global financial crisis raises the issue of the formation of a new concept of economic security that guarantees the independence of the country and its stability, improving the quality of life of the people, the development of science and technology. The purpose of the article is to analyze the national economic security at all levels of management, and pay particular attention to the economic security of business activity, as the stability of the State’s economic development depends on the economic security of every enterprise. It is crucially important to reveal the essence of the problem and related issues, to identify real threats to offer reliable and efficient methods of solving them. Results. Identified the essence and structure of economic security. Investigated the institutional aspects of economic security at all levels of management. Identifies internal and external threats to economic security, entrepreneurial activity and suggest ways of overcoming them. You must create a discussion platform to discuss issues of economic security of Russia, which in turn will not only identify problems but also to find a way out of them.