The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.

A securities market plays an important role in the distribution of financial flows. In connection with the  insufficient development of the stock market in our country, the author considers it is appropriate to refer to the  experience of financial and legal regulation of the relations under consideration in foreign jurisdictions. The paper  is devoted to the genesis of financial control over activities in the Japanese stock market. The author identifies  three periods. Attention is paid to the main state bodies, as well as self-regulatory organizations exercising financial  control in this area, their legal status, powers, etc. In addition, the paper examines the positive experience of Japan  in the field of financial and legal regulation of the cryptocurrency market. The paper analyzes the powers of the  Financial Services Agency to carry out the relevant functions, as well as the role of self-regulatory organizations  that have the right to exercise control over cryptocurrency exchanges and prosecute violators of the laws.

The paper analyzes the main directions of the investment policy in Russia in 2020. The author makes an  overview of the federal laws and legislative initiatives adopted during this period under consideration. The paper  outlines the prospects for the application of a new type of investment agreements, namely, agreements on the protection and encouragement of investment. It also explores changes in the current legislation concerning the  strategic areas of the Russian economy and migration. The author proposes innovations in terms of lifting the ban  concerning the establishment of control in some sectors of Russian industry by a foreign investor and analyzes  initiatives to simplify the procedure for the accreditation of branches and representative offices of foreign legal  entities and the procedure for a foreign investor to obtain a residence permit in Russia. The author concludes that  the investment policy of the Russian Federation is aimed at ensuring a favorable investment climate and at increasing  the interest of foreign investors in the Russian jurisdiction, including the industries in particular need of development.

The paper discusses the procedural features of concluding a settlement in the claim involving a  corporation-participant for compensation of losses caused by the bodies of a legal entity, and aimed at recognizing  as invalid a transaction made by a corporation and applying the consequences of its invalidity on appropriate  corporate grounds. The author critically evaluates the procedural order applied to the peaceful settlement of a  dispute in an indirect claim, provided for under paragraph 32 of the Resolution of the Plenum of the Supreme  Court of the Russian Federation of 23 June 2015 No. 25, in terms of the possibility of an independent conclusion  of a settlement by a corporation-participant. The author justifies the necessity of obtaining the consent of the  corporation for the legal entity participant to conclude a settlement. Particular attention is paid to considering the  specifics of concluding a settlement in the event that other members of the corporation join an indirect claim. The  paper demonstrates the procedural features of concluding an amicable settlement when considering an indirect  claim according to the rules of the class proceedings. To conclude the study, the author dwells on the issue of the  need for corporate approval of a settlement containing signs of a major transaction and (or) an interested party  transaction concluded within the framework of an indirect claim.  

The paper examines the main mechanisms for protecting intellectual rights and liability for their infringement when using virtual and augmented reality technologies. The author notes that the market for these technologies is still experimental. Analyzing the prognostic information of experts in the field under consideration, the author identifies the most effective technical means of protection, as well as mechanisms of responsibility for infringement of intellectual rights in the implementation of these technologies. Digital fingerprint technologies, digital marking of works, as well as copyright traps are included into technical means of protecting intellectual rights. The author highlights difficulties in the implementation of jurisdictional forms of protection of intellectual rights when they are infringed in virtual and augmented reality. In this regard, it is concluded that it is necessary to form an electronic justice system to consider disputes concerning intellectual rights in the field of virtual and augmented reality.

The paper attempts to investigate the issue of the protection of non-traditional trademarks in the People’s Republic of China that is ranked first in the number of registered trademarks in the world. The author analyzes the national legislation on the registration of trademarks that permits the registration of such types of non-traditional trademarks as sound, color combination and a three-dimensional designation, as well as judicial practice on appealing decisions of the National Trademark Office of China to refuse registration of three-dimensional, color and sound trademarks. The author determines the criteria for the protection of non-traditional trademarks, analyzes their application to each type of such marks. The paper highlights the main problems of registration of non-traditional trademarks in China. A conclusion is drawn about the need to improve legal, including international, regulation to stabilize and simplify the protection of non-traditional trademarks in the world.

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.

The modern property turnover is characterized by the presence of a large number of integration associations of economic entities and the existence of relations of economic dependence between them. At the same time, the legal status of such associations is not defined in Russian law due to the dominance of the traditional civilistic approach that presupposes the legal independence of each participant in entrepreneurial activity. In turn, this leads to significant violations of the rights of creditors of such interconnected persons. This is especially evident in the legal relationship of insolvency (bankruptcy), where opposing interests of the parties collide. Moreover, the insolvency of one member of the association may lead to the insolvency of the entire association as a whole. The purpose of this study is to analyze the characteristics of such a new legal category in insolvency law as an entrepreneurial group. The paper examines the rules of Russian law governing the relations of economic dependence between the subjects of property relations, and the main doctrinal approaches to this problem. The paper examines various approaches to the legal definition of an entrepreneurial group in other legal orders and highlights the characteristic features of this legal category. The conclusion is made about the absence of a systematic approach in the Russian legal system to understanding the forms of economic dependence between the participants of property turnover. The author provides a new concept of an entrepreneurial group and explains the necessity of its introduction into the Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)".

Every year, participants of the economic activity in the member states of the Eurasian Economic Union, including Russian entrepreneurs, increasingly use franchise relations to conduct their activities. It seems that in the legislation of foreign countries, franchising acts as an analogue of a commercial concession agreement in Russia. This model can be simplified as one of the ways for a company that has unconditional success in a certain area, and a recognizable, well-known trademark to provide other entrepreneurs with the right to conduct business under the company’s trademark on the terms stipulated under the contract. The paper draws attention to the fact that in Russia a commercial concession is different from an identical agreement in other countries. In this work, the author has determined the legal nature of the commercial concession in the Eurasian Economic Union member states, analyzed some problems of applying the franchising model of business organization in the Russian Federation and abroad, and proposed some changes in the current legislation.

The paper deals with the problems of entering the market of generic drugs in the light of protecting the interests of copyright holder-originators. It is emphasized that the main method of protection lies in the area of intellectual rights. The protection of patent rights by companies that are copyright holders of innovative medicines comes out on top. Attention is drawn to issues related to the data exclusivity regime that are especially important in the context of establishing a balance of interests not only between the copyright holders of original medicines and generic manufacturing companies, but also between representatives of the medical community. The paper considers individual rules of special normative legal acts regulating relations related to the circulation of medicines in Russia and abroad. The author draws attention to the fact that there is some terminological ambiguity, which creates difficulties in the implementation of legal regulation. Possible restrictions on the rights of companies that put into circulation generic medicines should act as a certain guarantor in the implementation of the proper legal mechanisms for the protection of the results of intellectual activity in the pharmaceutical sector and contribute to the stimulation of innovation.

The participation of the accused at the stage of preliminary investigation presupposes the possibility of exercising his right to defense. However, in cases of being in a territory significantly remote from the location of the preliminary investigation body, including outside Russia, the impossibility of personal participation in investigative and other procedural actions, one of the ways of interaction between the accused and law enforcement agencies may be remote participation through electronic interaction systems, and video conferencing. Draft laws on the amendment into the RF Criminal Procedure Code on conducting investigative actions through video-conference communication were pending at the State Duma of the Federal Assembly of the Russian Federation in 2015 and 2018, but were not finalized and adopted. The provisions of the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, providing for the simplification and acceleration of the procedure for providing mutual legal assistance in terms of the possibility of interrogating the accused (suspect) via videoconference, Russia, upon ratification of the protocol in 2019, did not allow to apply. In criminal cases of an economic nature, which reverberate in society and raise many questions about the activities of law enforcement agencies, large entrepreneurs often leave Russia, unable to remotely take part in investigative actions, present evidence in their defense, and get acquainted with procedural decisions in a criminal case. This leads to an increase in the number of suspended criminal cases, according to art. 208, part 1, clauses 1-3 of the Criminal Procedure Code of the Russian Federation. In 2019, the total number of economic criminal cases increased by 37% compared to 2018, while the number of suspended criminal cases under Art. 159 of the Criminal Code of the Russian Federation increased by 15.83%, under Art. 159.1-159.6 of the Criminal Code of the Russian Federation — by 86.93%. The relevance of the topic is also due to the coronavirus pandemic, which limited the freedom of movement of Russian citizens both within the country and abroad. In this regard, the use of video-conferencing in the investigation of criminal cases is becoming a vital necessity, the imperative of the times.

This paper substantiates the need to develop a new special theory of the use of expert knowledge in the framework of ensuring information and worldview security in the digital environment, aimed at analyzing and generalizing the possibilities of using a range of expert knowledge for the study of criminogenic information disseminated within the digital environment. For these purposes, conceptual frameworks have been developed, including the subject and the system of new expert theory, as well as other terms that are important for a holistic understanding of this area (such as "digital environment", "information (worldview) security", "value basis"). The involvement of persons with special knowledge is important due to the peculiarities of information disseminated in the digital environment (such as electronic form, hypertextuality, etc.). In this case, the question often arises about the need for a comprehensive expert analysis (for example, the use of special knowledge in the field of forensic speech and forensic psychology, special computer-technical knowledge, etc.). The result of the study is conclusion on the need to develop a new private expert theory; the paper defines its conceptual foundations in the form of a consideration of its subject and system.

The development and implementation of a successful case strategy is one of the priority tasks for a attorney in the course of a preliminary investigation. The paper examines the question of what factors favorably influence the formation of a successful case strategy by the defense attorney at the stage of preliminary investigation. The author argues that the right of a defender to visit his client as provided by the legislator is a prerequisite for an attorney to build up an effective position to protect the rights and legitimate interests of the client, in accordance with which the content of his future work is determined. The paper also examines the problem of the lack of appropriate conditions provided for by law for organizing a meeting between an attorney and his client in the investigation and inquiry bodies, and offers practical recommendations to strengthen the guarantees of the independence of an attorney during a preliminary investigation.

The reform of the judicial system of the Russian Federation has been going on for over 20 years. Every year the country faces new economic realities and is forced to respond to emerging difficulties. The paper focuses on the insufficient level of remuneration of employees of the court apparatus (court officials), analyzes the causes of this problem, and provides a calculation based on open statistical data. The author puts forward proposals for finding additional sources of budget revenue, focuses on the problems of functioning of the institution of state fees and ways to eliminate them. As a way to solve the problem, a draft of amendments to tax legislation has been developed. The proposed initiative can be used as a compensatory argument for additional financing of the Russian judicial system. Raising the minimum and maximum thresholds for state duties is an inevitable reform due to the growing burden on the judicial system and the impact of inflationary processes. The judicial community should draw the attention of the executive branch of government to problems and possible ways of solving them.

The paper proposes to refer to cross-border oil and gas transactions as contracts mediating relations in the field of international circulation of hydrocarbons. These include all transactions complicated by a foreign element (foreign entity, object, legal fact) and concluded regarding the exploration, development, processing, transfer, transportation of oil and gas as a commodity in the course of entrepreneurial and investment activities. Based on the Russian and foreign doctrine of private international law, the author examines the most common transactions in the industry, analyzes their features, and also proposes a basic classification of contractual structures. In the absence of a wide range of international treaties governing cross-border oil and gas transactions, the author concludes that the conflict of laws method of determining the applicable law is dominant. The importance of non-state regulators lex petrolea is noted, capable of complementing, but not replacing, national legal regulation.

The increasing complexity and digitalization of cross-border relations are an unconditional stimulus for the development and popularization of online dispute resolution mechanisms. The paper examines the European Union experience in regulating modern online mechanisms for resolving consumer disputes and attempts to determine the hierarchy of regulatory acts in relation to online resolution (settlement) of cross-border private law disputes. The author analyzes the features of the European approach to regulating the system of online resolution of crossborder disputes in order to determine the possible vector of development of national legislation as a condition necessary for building and ensuring the functioning of an effective system. The paper notes the advantages and disadvantages of the European system of online settlement of cross-border disputes with the participation of consumers. It concludes that it is necessary to resolve the issue of the applicability of the norms of existing treaties, adapt national legislation to the specifics of online dispute resolution, as well as ensure the possibility of considering cross-border disputes with consumer participation in accordance with standardized rules in order to simplify the dispute resolution procedure and build trust in the online system.

The paper is devoted to certain types of clauses in a cross-border commercial representation agreement. Particular attention is given to a non-competition clause, compensation clause, a clause on limiting the scope of the contract to a certain category of consumers, anti-corruption clause, applicable law clause, jurisdiction clause, arbitration clause. The paper examines the issue of the possibility of including certain clauses in a cross-border commercial representation agreement and the ratio of the conditions included in the agreement with the possibility of their execution within the framework of the legislation of the respective state. The analysis of the clauses was carried out on the basis of such documents as the Liner Agreement of the Federation of National Associations of Ship Brokers and Agents; Model Commercial Agency Contract Prepared by the International Chamber of Commerce; Baltic and International Maritime Council Dispute Settlement Terms 2016; General Agency Agreement prepared by the Federation of National Associations of Ship Brokers and Agents, etc.

The author examines the problems of reforming the institution of acquisitive prescription in Russia, England, Hong Kong and Australia, and suggests some ways to solve them. The study was conducted with the aim of a detailed study of the institution of acquisitive prescription in continental and Anglo-American legal families. In addition, the author sets the goal of establishing the influence of foreign experience of changing the provisions on acquisitive prescription on the Russian reform of prescription ownership based on a comparative legal analysis of the already carried out legislative reform in England and the proposed changes in the real law of Russia, Hong Kong and Australia. The author makes conclusions on the controversial nature of the alleged provision on the rejection of the criterion of good faith of prescription ownership in Russia, on the narrowness of the declared goal of the Russian reform of the institution of acquisitive prescription; the indirect influence of the foreign experience of reforms in the jurisdictions of the Anglo-American legal system on the Russian reform of property law has been established.

Parliamentary control is recognized as the most effective form of influence on government bodies (primarily executive bodies) in the implementation of its main functions by the legislative body. Parliamentary control is of great importance to ensure a balance between the legislative and executive branches of government, as it is one of the main elements of the system of checks and balances. Parliamentary control in the Republic of South Ossetia has its own characteristics and specific features, even taking into account the desire of the South Ossetia legislator to converge national and Russian legislation. The author provides a characteristic of the forms of parliamentary control and mechanisms for the implementation of these forms, based on the legal framework and established practice. A comparative legal analysis of certain forms of parliamentary control with similar ones in the Russian Federation and a number of other foreign countries has been carried out. It is concluded that the absence of a system-forming act in the field of parliamentary control for the highest representative and only legislative body of the Republic of South Ossetia is not an obstacle to the active implementation of its control functions.

The paper examines various approaches to defining the concept of "public interests", and carries out a comparative analysis of the positions of scientists regarding the content of this concept. The author distinguishes between the categories of "public interests", "state interests" and "public interests". The paper examines the judicial and law enforcement practice in cases in which public interests are affected. The author proves the need to develop a legal definition of the concept of "public interests" in order to increase the efficiency of the activities of Russian courts and other state bodies that ensure and protect these interests. The author offers his original definition of the concept of "public interests", highlights its features. The importance of consolidating in the legislation a single, universal for all branches of law, the definition of the category of "public interests" with the possibility of supplementing its content, taking into account the specifics of the subject of legal regulation, as well as the subject composition of the relevant legal relations.