Suchergebnisse

This article contains an analysis of legal regulation of investment activities within the framework of the WTO. It considers factors that promote the establishment of a favorable investment climate, including the availability of special legislation, an efficient law enforcement practice and, as noted by many experts, availability and clarity of the judicial mechanism for the protection of violated rights. Recent foreign experience is analyzed and some issues of investment dispute settlement are considered. The article also deals with issues concerning the formation of competitive relations that, in their turn, also constitute an important factor of a state's investment appeal. Investment activities constitute a popular type of entrepreneurial activity. Every state, regardless of where it is located or its level of economic development, aims to increase its investment activities and raise foreign investment inflow. To do this they adopt national regulatory acts and sign bilateral agreements, multilateral agreements, and execute international legal acts in the area of investment activities. This results in the need for examination of legal regulation in this area. Russia joining the WTO has resulted in regular revisions of current legal regulation, in particular in the law on foreign investments.

The authors of the article, based on a comparative legal analysis of domestic and foreign scientific literature, reveal the features of existing such significant definitions as "economic mechanism", "economic mechanism", "financial mechanism", "mechanism of legal regulation" and "financial and legal mechanism". The article examines the main scientific schools to determine the role and place of all these types of mechanisms in the system of economic and legal development of the state. It is concluded that it is necessary to introduce into scientific circulation the concept of "systems of financial and economic mechanisms of judicial expert activity", defining: 1) the subject-object structure of legal relations; 2) a system of methods, techniques and means of financing this type of activity; 3) legal, informational and organizational support of forensic expert activities; 4) a set of various mechanisms, which should include, for example, the mechanism of state financial control, the mechanism of insurance; digital financial mechanisms, etc.

The review of the monograph of the Doctor of Law, Professor E.M. Ashmarina "Innovative technology "Economic Law" in the conditions of globalization" is given. The author summarizes the main results of 10 years of scientific and pedagogical activity to substantiate the concept of the development of a new mega-branch of Russian law – the Economic Law of the Russian Federation and outlines further directions for the development of the phenomenon under study. The book substantiates (as one of many) the thesis about the need for progressive convergence of the foundations of various fields of knowledge (law, economics, psychology, cybernetics, etc.).

The authors of the article, based on a comparative legal analysis of the system of sources of legal regulation of financing of forensic institutions, as well as domestic scientific literature, propose to "transfer: the signs of the system to the concept of a mechanism. Within the framework of the system analysis carried out, the authors of the article proceed from the definition of the system of financial and legal mechanisms for ensuring forensic expert activity as an object of public administration, which is a legal relationship regulated by the norms of law to achieve the set goals and objectives, the use of methods, tools and rules having monetary, organizational, accounting and control content. The article substantiates the need for an integrative approach to the definition of a system of financial and legal mechanisms for ensuring judicial expert activity as a single system subject to legal regulation. The authors propose to define the mechanism of financial support for the activities of a forensic expert institution/organization as a system of education from the norms and institutions of national law contained not only in regulatory legal acts relating to various branches of legislation, but also local acts of state and non-state institutions and organizations; legal and technical documents, among which should be mentioned instructional letters, regulations, methodological recommendations, technical standards, GOST standards, etc., as well as contracts of normative content that ensure international cooperation on forensic activities.