Chereshneva I.A. —
On criteria for differentiation of the legal regime of Closed Administrative-Territorial Formations
// NB: Administrative Law and Administration Practice. – 2025. – ¹ 1.
– P. 15 - 23.
DOI: 10.7256/2306-9945.2025.1.73669
URL: https://en.e-notabene.ru/al/article_73669.html
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Abstract: Territories of advanced development (hereinafter – TAD) are one of the effective tools for stimulating the development of closed administrative-territorial formations (hereinafter – CATF). Due to their specific nature-determined by the importance of national defense and state security, technological sovereignty of the Russian Federation, and the development of high-tech industries – the arsenal of traditional economic instruments for stimulating socio-economic development is significantly limited. This raises the issue of the need for differentiation of the legal regime of Closed Administrative-Territorial Formations. The objective of the study is to define the differentiation. Based on the research findings, the author concludes that it is necessary to develop a model for differentiating the legal regime of CATF as a type of territory with a special protective regime of entrepreneurial activities. The framework of this model is defined by the following criteria: 1) the departmental affiliation of CATF: the Ministry of Defense of the Russian Federation; the State Atomic Energy Corporation "Rosatom"; the State Space Corporation "Roscosmos"; 2) the nature of the activities carried out by organizations and (or) facilities located within CATF: Closed-type CATF and Open-type CATF. The latter provide greater opportunities for the use of Private Law instruments and active participation of business entities; therefore, this type includes CATF where TAD have been established; 3) the role of the government agency in the socio-economic development of CATF: direct or indirect participation; 4) the government agency interest in the socio-economic development of CATF: strong, medium, weak.
Chereshneva I.A. —
Using the potential of territories with a special regime of entrepreneurial activities for the needs of the Russian military-industrial complex
// Law and Politics. – 2024. – ¹ 12.
– P. 100 - 109.
DOI: 10.7256/2454-0706.2024.12.72677
URL: https://en.e-notabene.ru/lpmag/article_72677.html
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Abstract: The economy, being a field where there is a constant rivalry of economic agents, in this perspective is not alien to military science (in a broad sense), therefore the use of economic means for the development of the Russian military-industrial complex seems to be reasonable. From this point it is advisable to present an entrepreneurial and legal view of the development of the Russian military-industrial complex, illustrated by territories with a special regime of entrepreneurial activities, namely: the military innovative technopolis "Era" of the Ministry of Defense of the Russian Federation (hereinafter VIT "Era"). The following methods of scientific cognition were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. In the course of the conducted research, the author comes to the following conclusions: 1) VIT "Era" is considered as the type of territories with a special protective regime of entrepreneurial activities, and its essence is the formula "Defense&Innovations"; 2) there is an objective need to use a systematic approach to both the legal regulation of innovation activities and relations in the field of territories with a special regime of entrepreneurial activities, including the potential for the creation of new similar to VIT "Era" institutions, which will require a clear legal framework; 3) VIT "Era" represents the implementation of the cluster approach, refracted through a "military" prism, which is a key element ensuring the effective functioning of territories with a special regime of entrepreneurial activities.
Chereshneva I. —
Closed administrative-territorial formation: business and legal aspect
// Law and Politics. – 2024. – ¹ 9.
– P. 115 - 129.
DOI: 10.7256/2454-0706.2024.9.71681
URL: https://en.e-notabene.ru/lpmag/article_71681.html
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Abstract: In the course of the study, the author gives a brief digression into the history of the development of the Closed administrative-territorial formation (CATF); examines existing doctrinal approaches to the legal nature of the CATF; presents an entrepreneurial and legal view of the legal nature of the CATF, defining the latter as one of the types of territories with a special regime of entrepreneurial activities. The methodological basis of the research is the general philosophical (dialectical method), general scientific (for example, generalization and abstraction, induction and deduction, analogy, analysis and synthesis) and private scientific methods (formal legal, historical and legal) methods of scientific cognition. The main conclusions of the conducted research are:
1) at the present stage of development of our state, the relevance of the issue acquires a new "sound", which is due to the need to overcome challenges, both political and socio-economic in nature; 2) the existing variety of approaches to the legal nature of the law (mainly constitutional and legal orientation) enrich both doctrine and legislation, as well as contribute to the development of this legal regime. However, in order to realize the potential inherent in it, it is proposed to consider CATF from a business and legal perspective, i.e. as one of the types of territory with a special regime of entrepreneurial activities; 3) analysis of key features of territories with a special regime (a special regime of entrepreneurial activities, a separate territory; a purpose; a special subject of a public organization of entrepreneurial activities) makes it possible to classify them as territories with a special protective regime of entrepreneurial activities, which, in turn, act as one of the types of territory with a special regime.
Chereshneva I. —
Experimental legal regime in the field of digital innovations: on the issue of ensuring legal certainty
// Law and Politics. – 2023. – ¹ 12.
– P. 27 - 34.
DOI: 10.7256/2454-0706.2023.12.69354
URL: https://en.e-notabene.ru/lpmag/article_69354.html
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Abstract: The rapid development of digital technologies that transform objective reality by their implementation, combined with the need for the Russian state to rely mainly on internal resources (which is due to the introduction and expansion of the sanctions regime of unfriendly countries against Russia), "calls" for the search for effective mechanisms and tools capable of: 1) to ensure technological sovereignty, 2) to mobilize the digital economy, 3) to preserve the well-being of our society. One of these mechanisms may be an experimental legal regime in the field of digital innovation (hereinafter referred to as EPR), the study of the essence of which is the subject of this work.
In the course of the research, the author pays special attention to: 1) consideration of the category "legal experiment"; 2) disclosure of the essence of the EPR through the study of the category "legal regime of entrepreneurial activity", including within the territories with a special regime of entrepreneurial activity; 3) consideration of the issue of ensuring the principle of legal certainty in the context of the EPR. The following methods of scientific research were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. The main conclusions of the conducted research are:
- firstly, the system of entrepreneurial legal regimes can be represented by the following triad: general, special, extraordinary; in relation to territories with a special regime of entrepreneurial activity, when it comes to a special preferential regime;
- secondly, the dual legal nature of the EPR makes it possible to consider it both as one of the types of territory with a special regime of entrepreneurial activity, and as a legal experiment;
- thirdly, the intermediate place of the EPR between the advanced legal regulation is determined and the postponement of legal regulation, which allows us to talk about the dynamism of legal certainty; fourth, EPR can be considered as an effective means of overcoming the effect of lagging legislation only when legality is not replaced by expediency.
Chereshneva I. —
Estoppel in Russia: to the problem statement
// Law and Politics. – 2020. – ¹ 9.
– P. 81 - 89.
DOI: 10.7256/2454-0706.2020.9.33913
URL: https://en.e-notabene.ru/lpmag/article_33913.html
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Abstract: In view of the continuing interest of the legal community in the problem of the prohibition of contradictory behavior or in the Anglo-American tradition of law – estoppel, the subject of this study is an attempt to determine the legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The topic chosen for the study becomes particularly relevant, since there is no consensus among representatives of legal science regarding the nature of estoppel; it is considered as an intersectoral principle, doctrine, institution of law, sanctions for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanism, etc. The author has attempted to consider estoppel from different angles: through the prism of English contract law (promissory estoppel), from the standpoint of the continental maxim "venire contra factum proprium", in relation to the principle of good faith. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods (comparative legal, formal legal).
As a result of the conducted research, we came to the following conclusions. The so-called norms of the Civil Code of the Russian Federation on estoppel are a special case of the doctrine of consistent behavior, known to the continental legal order by the maxim "venire contra factum proprium", which acts as a manifestation of the principle of good faith. Proceeding from this, it is incorrect to designate the above norms as estoppel, because, firstly, even in the Anglo–American tradition, the diversity of types of estoppel does not allow it to be considered as a universal principle, and, secondly, what is understood by estoppel in this system of law does not correspond to its Russian interpretation. In addition, being part of the Romano-Germanic legal family, the domestic legal order does not need to borrow alien legal phenomena, especially when similar legal constructions can not only be found in the depths of centuries, but also trace their evolution in the bosom of the continental legal system, to which Russia belongs.
Chereshneva I. —
Estoppel in Russia: to the problem statement
// Law and Politics. – 2020. – ¹ 9.
– P. 81 - 89.
DOI: 10.7256/2454-0706.2020.9.43391
URL: https://en.e-notabene.ru/lamag/article_43391.html
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Abstract: In view of the continuing interest of the legal community in the problem of the prohibition of contradictory behavior or in the Anglo-American tradition of law – estoppel, the subject of this study is an attempt to determine the legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The topic chosen for the study becomes particularly relevant, since there is no consensus among representatives of legal science regarding the nature of estoppel; it is considered as an intersectoral principle, doctrine, institution of law, sanctions for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanism, etc. The author has attempted to consider estoppel from different angles: through the prism of English contract law (promissory estoppel), from the standpoint of the continental maxim "venire contra factum proprium", in relation to the principle of good faith. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods (comparative legal, formal legal).
As a result of the conducted research, we came to the following conclusions. The so-called norms of the Civil Code of the Russian Federation on estoppel are a special case of the doctrine of consistent behavior, known to the continental legal order by the maxim "venire contra factum proprium", which acts as a manifestation of the principle of good faith. Proceeding from this, it is incorrect to designate the above norms as estoppel, because, firstly, even in the Anglo–American tradition, the diversity of types of estoppel does not allow it to be considered as a universal principle, and, secondly, what is understood by estoppel in this system of law does not correspond to its Russian interpretation. In addition, being part of the Romano-Germanic legal family, the domestic legal order does not need to borrow alien legal phenomena, especially when similar legal constructions can not only be found in the depths of centuries, but also trace their evolution in the bosom of the continental legal system, to which Russia belongs.
Chereshneva I. —
To the question of legal qualification of mining
// Law and Politics. – 2019. – ¹ 9.
– P. 48 - 55.
DOI: 10.7256/2454-0706.2019.9.30750
URL: https://en.e-notabene.ru/lpmag/article_30750.html
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Abstract: The lack of legal clarity with regards to the legal nature of cryptocurrencies and the process of its mining, the subject of this research lies in the attempt to view the latter as one of the types of business activity, which is particularly relevant in both, theoretical and practical terms. The author meticulously examines the concept and types of mining; analyzes the activity in the area of mining through the prism of the legislatively established definition of business activity; as well analyzes case law and foreign experience on the matter. The conclusion is made that mining corresponds with the legislatively established definition of business activity, and thus it is necessary of demarcate the business and non-business character of activity in the area of mining. At the same time, the future federal law “On the Digital Financial Assets” should envisage the set of criteria (such as profit margin per calendar year, existence of infrastructure used exclusively for cryptocurrency transactions, rapid changes in the volume of cryptocurrency reserve, etc.) that allow considering mining as one of the types of business activity.
Chereshneva I. —
To the question of legal qualification of mining
// Law and Politics. – 2019. – ¹ 9.
– P. 48 - 55.
DOI: 10.7256/2454-0706.2019.9.43271
URL: https://en.e-notabene.ru/lamag/article_43271.html
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Abstract: The lack of legal clarity with regards to the legal nature of cryptocurrencies and the process of its mining, the subject of this research lies in the attempt to view the latter as one of the types of business activity, which is particularly relevant in both, theoretical and practical terms. The author meticulously examines the concept and types of mining; analyzes the activity in the area of mining through the prism of the legislatively established definition of business activity; as well analyzes case law and foreign experience on the matter. The conclusion is made that mining corresponds with the legislatively established definition of business activity, and thus it is necessary of demarcate the business and non-business character of activity in the area of mining. At the same time, the future federal law “On the Digital Financial Assets” should envisage the set of criteria (such as profit margin per calendar year, existence of infrastructure used exclusively for cryptocurrency transactions, rapid changes in the volume of cryptocurrency reserve, etc.) that allow considering mining as one of the types of business activity.