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Russian Journal of Economics and Law

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Vol 15, No 2 (2021)

THEORY OF ECONOMICS

197-214 414
Abstract
Objective: to check the hypothesis of the existence of a cognitive deadlock in the socialist political economy in the USSRin the 1970s, which led to stagnation in political and economic research.Methods: discursive analysis, dialectics, hermeneutics, qualitative methods.Results: the content and role of the categories “objectification”, “reification”, “dependence”, “freedom” in the political economy of socialism are revealed. The author analyzes the views of Soviet theorists on the economic evaluation of factors of production, including labor (wages), fixed assets (depreciation), land (rent), and demonstrates the contradictions and “blind spots” of the socialist political economy. In particular, the article describes the paradoxical “fallout” of the problem of depreciation of housing stock and intra-block engineering networks from the discussion of fixed assets depreciation, as well as the issue of productive forces in general.In retrospect, the analysis revealed the predominant influence of the cognitive structure limitations compared to the ideological control. The development of economic science in the USSR was constrained by the norms of speech practices, which imposed restrictions on the discussion of fundamental problems, including “alienation” and “freedom”. Compared to these restrictions, the external ideological control of the Communist party was relatively weak, which, in particular, is proved by the publication of works by E. V. Ilyenkov, V. P. Shkredov and other researchers. The cognitive structure of the socialist political economy caused blind spots, when most of the important problems related to the productive forces were not publicly discussed. At the same time, the issues (freedom, dependence, alienation) directly related to Karl Marx legacy were also largely not discussed. Scientific novelty: the influence of the cognitive structure and its limitations on the development of the socialist political economy is demonstrated.Practical significance: a retrospective analysis allows both a deeper understanding of the reasons that led to the economic collapse of the USSR, and seeing the possible cognitive limitations of modern research, which largely inherited the approaches of Soviet scholars.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

215-234 233
Abstract

Objective: to study the optimal pricing strategies of firms in the “realtor - bank - insurer” system under nonlinear cost functions.Methods: game theory, supply chain coordination, multi-criteria optimization. Results: the housing market is one of the most dynamically developing segments of the economy. Pricing patterns in this market are not always subject to market laws, since they are influenced by other factors, such as the availability of loans, the presence of agents, the rates in the insurance market, etc. To analyze the pricing processes, the authors consider a vertically integrated system of interaction of agents “realtor - bank - insurer”. A system of optimality conditions for housing market agents (realtor, bank, and insurer) under nonlinear cost functions is derived, corresponding to different types of scale effects. The results of numerical experiments are presented, showing the nature of price interdependencies in these markets in cases of convexity or concavity of the agents’ cost functions.Scientific novelty: in contrast to the “realtor - bank - insurer” system with linear cost functions, our study demonstrates the following insights: first, if all agents have concave cost functions, then the housing price, mortgage interest rate, and insurance rate are lower compared to the situation in which agents have convex cost functions; second, an increase in the intra-system commission rate leads to an increase in the price of the agent who pays the commission, and a decrease in the price of the agent who receives it; third, an increase in the commission rate causes a sharper reduction in the agent’s price if the agent has a convex cost function and the counterparty has a concave one, than in the opposite case.Practical significance: the results can be applied in the elaboration of state programs for the development of the housing market, mortgage subsidies and regulation of the insurance market; in addition, on the basis of our recommendations, firms in the “realtor - bank - insurer” system can make mutually beneficial decentralized decisions.

235-248 255
Abstract
Objective: to evaluate the promising directions of export/re-export of consumer goods quality assessment institutions in theEAEU space, taking into account the implementation of a modern approach to sectoral regulation.Methods: the study uses the methods and tools of institutional analysis, in particular, the analysis of mormative and organizational aspects of the technical regulation systems functioning in the EU and EAEU countries. Results: Over the past two decades, numerous institutional changes have taken place in the system of quality standards for consumer goods. Despite these changes, the system of standards has significant shortcomings, largely associated with the need to take into account the interests of a narrow circle of “influence groups” and the irrational consumer behavior. The turning point in the current situation, which can be observed today, is due to the operational transformation, the complication of the organizational structure of standardization within the country, and the development of digital technologies and the consumer cultural transformation. The analysis of the EAEU technical regulation system showed a contradiction between the quality regulation procedures in the subsystem of regulation, certification, and quality control. Based on the analysis of modern approaches to assessing the quality of consumer goods at the state level, the authors propose an improved institutional design of the technical regulation system of the consumer goods quality. It is also found that, regardless of the results of monitoring within the Eurasian space, the formation of national standards with reference to the standards of other countries is the most probable option for institutional changes in the sphere of technical regulation.Scientific novelty: the study offers recommendations for improving the system of formal institutions for monitoring the consumer goods quality; that includes defining the principles and developing an algorithm for monitoring the consumer goods quality, taking into account the current trends in the development of the technical regulation system of consumer goods quality in the EAEU. Practical significance: the results obtained can be used by the Eurasian Economic Commission, as well as by national bodies for standardization and certification when developing and justifying the strategy of the technical regulation system development.
249-269 368
Abstract
Objective: to systematically study the development of modern Russian legislation on insolvency (bankruptcy) in order to identify the features of evolution, evaluate the results, and identify promising areas for the transformation of the bankruptcy system. Methods: the study used general scientific methods of cognition, including a systematic approach, analysis and synthesis, logical and comparative analysis, the method of grouping and generalization, expert analysis, methods of scientific classification, tabular and graphical methods of data visualization.Results: the principles and methodological approaches to the analysis of the effectiveness of transformational processes in the field of bankruptcy were developed; 118 versions of the law that made 1,604 changes over 18 years were studied; the annual frequency, volume and nature of changes, and the adaptation period were determined; on that basis, the absence of correlation was revealed between the number of changes and the intensity of company bankruptcies; the main elements of the modification of the conceptual apparatus were identified; the dominant vector for strengthening the creditors’ rights and the debtor’s responsibility while maintaining the relative limitation of their rights was confirmed; the rare nature of changes in rehabilitation procedures and the low effectiveness of the bidding system were revealed; the process of institutionalization of arbitration managers and self-regulatory organizations was shown; the high adaptability of the institution of bankruptcy of certain categories of debtors was confirmed; the noticeable results of the information component development were reflected; the expediency of using a systematic approach to the subsequent modernization of bankruptcy was justified.Scientific novelty: for the first time, a comprehensive in-depth study of the process of reforming the modern insolvency law was conducted, based on the developed algorithm of chronological and horizontal (content) analysis for quantitative and qualitative assessment of the results of changes according to the ten proposed vectors.Practical significance: the main provisions and conclusions of the scientific work can be used: a) in scientific activities for the further development of the methodological apparatus of bankruptcy research; b) by legislative bodies in the preparation of draft normative-legal acts in order to improve the bankruptcy system in Russia; c) in law enforcement practice when the parties consider the feasibility of bankruptcy procedures, taking into account the identified opportunities and limitations.
270-279 292
Abstract
Objective: to describe the behavior of economic entities implementing the first projects in the sphere of digital transformation by the example of several service enterprises of the Republic of Tatarstan (medium-size businesses).Methods: abstract-logical and dialectical, phenomenological methods.Results: the main motives of digital transformation are described; conclusions are drawn about the main external and internal challenges of such transformations for business entities (enterprises) in terms of changes in socio-economic factors and structural changes in economic systems at the meso-level. Three stages of implementation of the first projects in the sphere of digital transformation among the Russian private companies are identified by the example of the Republic of Tatarstan. Scientific novelty: it is shown that the implementation of projects in the field of digital transformation by enterprises leads to a lot of external effects; the reluctance to finance the benefits of other economic agents of the enterprise can reduce interest in digital transformation; the relevance of the research in the field of the digital transformation impact on the business development of modern enterprises is shown; the authors show the need to develop research of the impact of digital transformation on the business development of modern enterprises, depending on the industry and the business model used. Practical significance: the understanding of the economic entities’ behavior during implementation of the first projects in the field of digital transformation, revealed in the work, makes it urgent to develop a set of non-profit organizations in the field of digital economy to increase social capital in the society, and also creates a basis for further research in this area.

CRYPTO-WORLD AND DIGITAL FINANCE

280-293 374
Abstract
Objective: to analyze the prerequisites for the issue of the digital ruble; to study the main features of the issue and circulation of the digital ruble; to clarify the consequences of the introduction of the digital ruble for the banking system and the economy as a whole.Methods: comparative analysis of approaches to the implementation of the digital currency issue project in different countries, modeling of the project results in the conditions of the modern Russian economy.Results: the article shows that the transition to the issuance of digital currencies of central banks, and the digital ruble in particular, is a logical result of the evolution of the monetary system based on commercial banks and technological innovations introduced by modern cryptographic technologies. A component-by-component analysis of the digital ruble emission process is presented. The main directions of using the digital ruble are considered, including payment turnover and monetary policy. It is noted that the issue of digital rubles will lead to a serious transformation of the modern model of the monetary component and, as a result, the financial system as a whole. It is concluded that the role of banks in the new model of money circulation is significantly reduced and that the cross-country competition in the field of digital currencies and stablecoins is increasing. Scientific novelty: the work is devoted to the study of the conditions and results of the introduction of digital currency in the Russian economy, which became an urgent problem in connection with the publication of the Bank of Russia report “On the digital ruble”. Thus, the scientific novelty of the study stems from the novelty of the problem posed and the actual absence of earlier works on this topic in Russia.Practical significance: the results of the study can be applied in the digital ruble design and pilot testing of its use in 2021-2022.
294-307 592
Abstract
Objective: to determine the advantages and features of the development of centralized digital currencies and the prospects for their development globally.Methods: historical method, abstract-logical method.Results: the development of technologies and infrastructure and the experience in the use of public digital currencies have led to the logical interest of most central banks in issuing a new form of money - digital currencies of central banks. The main types of design of central banks digital currencies are considered, as well as the requirements for digital fiat currencies. Some examples of countries that have conducted test implementation and experiments with CBDC are presented. It is determined that we are beginning to move from cash to digital fiat currencies and the next step will be the transition to fully digital forms of money, which can lead to many potential consequences for the banking and monetary systems.Scientific novelty: the article shows that the development of technologies, including payment technologies, anti-crisis measures of governments and central banks, and, as a result, the increase in the money supply led to a surge in the interest of central banks to issue their own digital currencies. It is shown that a single position on the properties and design of digital fiat currencies has not yet been developed. It is stated that the transition to CBDC will definitely lead to a change in monetary policy and to the financial sector nationalization.Practical significance: the analysis of the methodology for determining the properties and design of digital currencies of central banks, presented in the article, will be useful for developing an approach to the implementation of digital national currencies. The presented data on the development of digital currencies concepts allows identifying the connections and patterns of the development and emergence of a new digital form of money.
308-317 345
Abstract
Objective: to familiarize the readers with the main ideas discussed at a session of the constant seminar “Digital Finance” at the Institute of Economics of the Russian Academy of Sciences, on the topic “Prerequisites for the emergence and world experience in the introduction of digital currencies of central banks”.Methods: scientific methods (analysis, synthesis, induction, deduction), theoretical methods (abstraction, generalization, historical, systematic methods), and empirical methods (observation, description).Results: the content of the reports by D. A. Kochergin and A. Yu. Mikhailishin is presented; suggestions, comments, questions and speeches of the seminar participants are presented: Yu. M. Goland, A. K. Moiseev, K. N. Korishchenko, O. L. Kurnyavko, A. I. Yakovlev, S. A. Andryushin, and M. Yu. Golovnin, which reflect the practical and theoretical features, including legal, economic and social aspects, of the implementation of various types of central banks digital currencies (CBDC) in the context of the Russian and world experience.Scientific novelty: the issues of theory and practice are considered regarding the issuance and design of CBDCs; the possibilities are investigated of using CBDCs with the characteristics of anonymity inherent in cryptocurrencies; the reasons and conditions are reflected for the growing interest of central banks (CB) in digital currencies, as well as the impact of cryptocurrencies on CBDCs; forecasts are clarified for the implementation of CBDC projects in various countries. Practical significance: the main provisions and conclusions of the review can be used by the Central Bank in forming the CBDC concept and platform, preparing projects and strategic plans for CBDC both at the national and international levels.
318-331 441
Abstract
Objective: to search for the new ways and forms of evolution of the institution of private money based on one of the types of cryptocurrencies called stablecoins.Methods: the study uses the approaches of the historical school by D. North, evolutionary economics and the Austrian school of economics, as well as the new institutional economics.Results: the initial tasks of creating a bitcoin have led, as a result of the hype around its value, to a distortion of the original concept of forming “private money” and to the use of cryptocurrency in illegal operations. The development of a private monetary paradigm is also hindered by the high volatility and unpredictability of the cryptocurrency exchange rate. The solution to this problem can be stablecoins, which are more capable of performing the function of “Hayek money”. The article considers the main provisions of the concept of de-monopolization of monetary circulation in Hayek’s theory, as well as the possibilities of its implementation, taking into account the institutional technological innovations that have occurred. The scheme of operation and distribution of stablecoins is studied on the example of the Tether cryptocurrency. The main reasons for the use of stablecoins as a private form of money, as well as some obstacles to their development, are identified. The possibilities of their further implementation in the real sector based on the system of flexible-collateral system of new issued tokens are considered.Scientific novelty: it consists in a holistic assessment of the evolution of the private money institutional structure based on the analysis of the characteristics and ways of implementing certain types of cryptocurrencies in the real sector. The prospects for the formation of the private money market based on the Hayek model are determined.Practical significance: it consists in the further development of the cryptocurrency market and the formation of the institutional environment of the private money market.

TRANSLATED ARTICLES

332-359 1012
Abstract
Objective: to study the attitude of the US citizens towards mass shootings by studying the materials published in the news media.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical, comparative-legal, and sociological.Results: The present study uses a media distortion analysis to examine the news media’s coverage of mass shootings in America between 2000 and 2016. The author analyzes for frames used in the coverage of these events in New York Times, namely, gun access, mental illness, violent entertainment, and terrorism. It is shown how these four frames are used to present the materials on the mass shootings, how they changed over time, how the mass shooting characteristics influence the choice of each of the four frames, and how news media may distort the conception of the phenomenon under study. Scientific novelty: findings illustrate gun access frames were the most commonly used of the four frames and increased the most over time. Mental illness frames were slightly more common than terrorism frames, although terrorism frames increased more over time. Violent entertainment frames were the least common overall. The most significant predictors of the four frames, across three comparative analyses, include Arab-descent perpetrators (terrorism), jihadist-inspired motivations (terrorism), mental illness (mental illness), school targets (gun access, mental illness, violent entertainment), and government targets (gun access, terrorism). A discussion of findings identifies news media distortions in mass shooting framing and provides implications for scholars, media outlets, and the public.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the forming of attitude to mass shootings in mass media.
360-378 313
Abstract
Objective: network analysis of multi-jurisdictional crime in the United States of America.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical, comparative-legal, and sociological. Results: in spite of the long-standing belief that crime is not restricted by arbitrary city or law enforcement jurisdictional boundaries, with a few exceptions, previous network studies relying on law enforcement data have been limited to criminal networks in one jurisdiction. Using incident and arrest data from seven law enforcement agencies in King County, Washington, the current study constructed crime specific multi-jurisdictional co-offending networks for four categories of crime: 1) violent, 2) property, 3) sex, and 4) domestic violence. Results indicate the existence of highly socially connected criminal networks in the county, with a higher percentage of offenders committing violent and property crime in two or more jurisdictions (16.8 and 29% respectively). Moreover, logistic regression models indicate that network position of an individual is a significant predictor of engaging in multi- jurisdictional offending. For violent crime, offenders with high betweenness centrality are likely to operate multi-jurisdictionally. Scientific novelty: the findings support the existence of a sizeable portion of offenders that cross jurisdictional boundaries to commit crime, implying the importance of sharing data among law enforcement jurisdictions.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the crime prevention and suppression.

LAW DRAFTS

379-391 409
Abstract
Objective: to develop a draft of a federal law aimed at regulating relations arising in the field of use (application), acquisition, sale, development, production, testing, installation, maintenance, repair, disposal, accounting, storage, transportation, withdrawal, and destruction of robots and their components (modules), importing robots and their components (modules) to the Russian Federation and exporting them from the Russian Federation.Methods: the methodological basis of the draft federal law consists of general and specific scientific methods of scientific cognition, including analysis, synthesis, deduction, induction, classification, analogy and comparison. Results: the first draft law on robotics in the Russian Federation - the draft federal law “On the turnover of robots and their components (modules)” - has been proposed to the attention of representatives of law-making bodies, government agencies, scientific and business community, and public organizations.Scientific novelty: the draft law forms the legal basis and principles of legal regulation of relations in the sphere of turnover of robots and their components (modules), describes the types and classes of danger of robots, stipulates the restrictions imposed on robots and their components (modules), defines the general and special requirements for them, establishes the basis for state registration and accounting of entities engaged in the sphere of turnover of robots and their components (modules), introduces the criteria for acquiring the status of a subject, the procedure for publishing and maintaining the state cadastre of robot models and their components (modules), and the guarantees provided to legal entities and individual entrepreneurs - the subjects engaged in certain types of activities in the sphere of turnover of robots and their components (modules), and proposes the measures of their state support.Practical significance: the draft law is based on a systematic and comprehensive approach to the legal regulation of robotics and is aimed at creating a regulatory environment providing a favorable legal regime for the robotics development and for the implementation of economic activities related to its use.

RATINGS AND REVIEWS

392-402 269
Abstract
Objective: to conduct a comprehensive analysis of the doctoral thesis by Z. M. Beshukova on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, defended in 2021 in the Dissertation Council D 212.320.04 at Chechen State University.Methods: the dialectical method of cognition was used, which, taking into account the topic and content of the thesis, determined the choice of the following research methods: analysis, synthesis, comparative-legal method, etc.Results: the author’s concept is studied, aimed at increasing the level of criminal-legal counteraction to extremist activities. The relevance of the direction taken for the study is confirmed. The main directions of criminal policy optimization in the studied area are highlighted, including by demonstration of their content and structure. The main provisions submitted for defense are supported, which constitute the author’s research concept. The reviewer’s opinions on the thesis are presented, concerning the use of positive foreign experience in counteracting extremism, the proposed options for the terrorist and extremist crimes qualification, as well as the proposed legal conditions governing the grounds for exemption from criminal liability for persons who participated in the activities of an extremist organized group or extremist community. A critical evaluation was carried out for the main provisions of the thesis, for example, the absence of the author’s concept of extremist activity; the definition of goods and values in relation to which the goals are achieved and the functions of the criminal-legal counteraction to extremism are implemented; the author’s classification of terrorist crimes; the proposed version of Article 2821 of the Criminal Code of the Russian Federation “Creation of an extremist organized group, extremist community or participation in it”.Scientific novelty: the author evaluates the thesis by Z. M. Beshukova, submitted for the degree of Doctor of Law in the major “12.00.08 - Criminal Law and Criminology; Criminal Executive Law” on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, identifies its scientific achievements, defines the provisions that allow adjusting the criminal policy in the sphere of extremism counteraction.Practical significance: the review allows using the obtained results in all elements of legal technique focused on countering extremist activities.


ISSN 2782-2923 (Print)