The subject of legal science manifests itself as a result of the study of its object by methods suitable for the study of the object. A legal scholar must operate not only with formal legal research methods, but with other methods that allow one to understand the purpose and means of activity of a participant in digital relations, and then also the environment (digital technologies and regulatory frameworks) as an external factor influencing the behavior (will) of participants in digital relationships. These methods imply a difference in the types of human activity and relations, as well as their legal regimes: private and public digital relations and methods of their regulation. From a theoretical point of view, digital law is not a separate subdivision in the legal system, but a digital form of private and public digital relations, which requires new approaches to their regulation, but not replacing the content of digital relations with their form. Private digital relations are the result of legal communication (self-regulation) of participants in digital relations. Public digital relations are not relations of law, but relations of power and subordination (power relations). The constitutional aspects of the legal study of digital relations make it possible to find a balance in matters of state support for the development of digital technologies and ensuring human rights and freedoms in his digital relationship with the state. The digitalization of relations is only one of the means used by society and its public entities for the good of man, as his highest value. The state should not so much regulate technological processes as exercise state control over the activities of technology developers and protect the rights of participants in digital relations.
The article is devoted to the analysis of the general legal problems of the regulation of economic relations in the Russian Federation. Problems that lead to insufficiently effective legal regulation are identified, while identifying directions for resolving them. The objective of this research was to review theoretical and practical problems of the effectiveness of the legal regulation of economic relations in the example of the Russian Federation, which makes it possible to draw some conclusions. To obtain the results, a set of scientific techniques and methods of study of phenomena and processes were applied, such as synthesis methods, comparative jurisprudence, as well as a formal legal method and an economic modelling method. The method of economic modelling made it possible to assess the extent to which and at what costs, the rule of law has produced the expected economic effect. It is concluded that the effectiveness of legal regulation is one of the essential legal categories and that the legislator is obliged to monitor existing legal standards for its effectiveness.
The franchise agreement in the Russian Federation is the main agreement that formalizes the relationship for organizing a business in the form of franchising. Under a franchise agreement, one party (franchisor) undertakes to provide the other party (user), for a fee, for a period or without specifying a period, the right to use in the user's business a set of exclusive rights belonging to the franchisor, including the right to a trademark, service mark, as well as rights to other objects of exclusive rights provided for by the agreement, in particular to a commercial designation, a secret of production (know-how). The paper analyzes the content and features of this agreement.
The franchise agreement in the Russian Federation is the main agreement that formalizes the relationship for organizing a business in the form of franchising. Under a franchise agreement, one party (franchisor) undertakes to provide the other party (user), for a fee, for a period or without specifying a period, the right to use in the user's business a set of exclusive rights belonging to the franchisor, including the right to a trademark, service mark, as well as rights to other objects of exclusive rights provided for by the agreement, in particular to a commercial designation, a secret of production (know-how). The paper analyzes the content and features of this agreement.
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