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Russian Journal of Economics and Law

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Vol 15, No 3 (2021)

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

413-424 569
Abstract
Objective: to study the processes of formation and implementation of the financial marketplace in the Russian Federation and to assess its impact on the prospects for the financial market development in general.Methods: logical and structural analysis, system-functional approach, formal-legal method.Results: the author reveals the essence and features of a new phenomenon in modern economic life - the financial marketplace. The study provides a complete description of the legal framework currently being formed, which regulates the creation and functioning of financial marketplaces. The article considers both the foreign experience of implementing and operating such platforms, and the prospects for the financial marketplace development in the Russian Federation.Scientific novelty: it consists in the complex nature of the study of relations associated with the financial marketplace creation and functioning. A distinctive feature of this work is the attention paid to both economic and legal issues of the financial marketplace formation and launch.Practical significance: it consists in the formation of a theoretical basis necessary both for studying the financial marketplace and developing proposals for the future adjusting the regulatory framework in this area.
425-439 330
Abstract
Objective: to substantiate the feasibility of adopting and developing a research program in the field of crisis management. Methods: general methodological principles of constructing scientific theories, understanding their maturity, differences between the pre-paradigm and paradigm stages of a scientific discipline development, studying their foundations, formulating an understanding of the organizational crisis as maladaptation on the basis of methodological and general principles of the population-ecological sphere in economic research.Results: based on the analysis of scientific literature, the existence of many competing, and sometimes mutually exclusive approaches to the theoretical understanding of the nature of organizational crises is determined. This leads to considering the crisis as an organizational maladaptation, i.e. as a certain loss of a feature of adaptation, adaptability to the occupied population-ecological niche due to internal or external changes.Two approaches are used to diagnose a state of maladaptation (crisis) or an immediate threat of such a state and to plan measures to overcome it. The first one is crisis determinism, focused on identifying and assessing crisis threats and developing measures to overcome them. The second approach focuses on neutralizing the adverse factors, affecting the organization, by mobilizing, first of all, its human resources. This subjective side of management under a crisis is characterized by the concept of intentionality - will, desire, intention to overcome the crisis.Scientific novelty: the two selected approaches to understanding the essence of crisis management serve as the basis for a co-evolutionary method of studying organizational adaptation and prospects for maladaptation. On this basis, a coevolutionary model of the crisis as a maladaptation is proposed. The model is based on the idea of the crisis as a two-phase process: in the first phase, there is a gradual decrease in organizational adaptation under the influence of destructive environmental factors, in the second - an avalanche-like development of the crisis, where the importance of the intentional, subjective aspect of the crisis is especially great. The model implies that the successful overcoming of the crisis means the restoration of the organization’s adaptation to the external environment. If this does not happen, the organization is eliminated by natural selection and the composition of the population changes.Practical significance: the coevolutionary model of crisis can serve as a basis for developing specific recommendations based on a balanced view of the crisis as a process that has a deterministic component (objective cause-effect relations) and an intentional one (subjective factors of crisis management related to skills, abilities and a will to overcome the crisis consequences).
440-454 400
Abstract
Objective: to assess the impact of coronavirus (COVID-19) on the youth labor market in the context of the spread of precarization processes in employment.Methods: qualitative methods were used to analyze labor market institutions, together with in-depth interviews and interpretative analysis of actors’ discourses.Results: the COVID-2019 pandemic posed new challenges to the economy and contributed to the active development of new employment formats and employer-employee interaction in the form of informal employment, freelance platforms, and precariat development. The article considers the features and risks of informal and non-standard employment. Based on the labor market analysis, we determined the impact of the pandemic on working conditions, inequality growth and the increasing role of the informal sector. The impact of the crisis on employment conditions for young people with higher education is particularly emphasized. To form the models of students’ behavior under the conditions of labor market instability, the authors conducted in-depth interviews with students and graduates of the Southern Federal University to assess the employment opportunities of university graduates. The characteristics of respondents’ perception of the processes associated with precarization in the context of the COVID-19 pandemic consequences are clarified and specified. Scientific novelty: it consists in the development of theoretical and methodological approaches to the analysis of precarization of youth employment in the context of the COVID-19 pandemic consequences. It is shown that the observed increase of employment precarization is associated with behavioral features caused by dominant behavioral models and distortions in the perception of unstable employment by university graduates in relation to the structural opportunities provided by the labor market.Practical significance: the identified features of employment of the Russian university graduates can be used to develop recommendations for improving the system for monitoring the employment precarization level in the regional labor markets.
455-472 803
Abstract
Objective: to identify and systematize the institutional foundations for the development of public-private partnership (PPP)at the national level.Methods: when writing the article, historical, logical, country-study and comparative methods were used. The main data sources used were information materials on public-private partnership issues developed by the Ministry of Economic Development of the Russian Federation, the European Commission, and the World Bank Group, as well as the databases of PPP projects: Rosinfra (www.rosinfra.ru/project) and EPEC Data Portal (www.data.eib.org/epec).Results: the study found that the basis of the institutional environment of public-private partnership is formed by the following elements: legal regulation of PPP, development institutions, and state policy in this area. Within the framework of legal regulation, two main approaches were identified: (1) the existence of special legislation on public-private partnership and (2) the regulation of public-private partnership on the basis of common law. A classification of national PPP development institutions was been elaborated. The author’s vision of the stages of the state policy evolutionary development in this area is proposed. The analysis carried out and the classifications obtained are confirmed by the cases of such countries as Russia, France, and Germany. Scientific novelty: the article systematizes the main elements that make up the institutional basis for the PPP development. Their interrelation is established, as well as the nature of each element influence on the level of public-private partnership market development in the country. In particular, the existence of the legal field of PPP, as well as the appropriate development institution, creates the basic conditions for starting projects in this area. At the same time, the content of the state policy in the field of PPP as the third institutional element determines the qualitative characteristics of this market development. The state policy of regulating the public-private partnership has four main stages of development: “formation”; “total application”; “PPP as a tool for the territory development”; “PPP as a means of achieving the Sustainable Development Goals (SDGs)”. Practical significance: the main provisions and conclusions of the work can be used by executive authorities both at the federal and regional levels in order to further improve the institutional framework for the PPP development, which, in turn, will contribute to a more effective implementation of PPP projects and can provide the necessary inflow of investments into infrastructure sectors.

CRYPTO-WORLD AND DIGITAL FINANCE

473-484 372
Abstract
Objective: to present the current trends in the development of the monetary system in the context of key methodological issues of the theory of money.Methods: a system-functional approach to the cognition of the modern monetary system and monetary policy. The specific research methods were content analysis, a combination of historical and logical methods, comparative analysis, and statistical methods.Results: the article considers methodological issues of the theory of money: the origin and essence of money; the functions of money; the nature of their value; the causes of fluctuations in value and the foundations of monetary policy, on the basis of which the possible prospects for the development of monetary systems are shown. The development of the cryptocurrency market is a standard way of searching an effective means of exchange, while the possibility of cryptocurrencies functioning as money depends on the willingness of states to give up the monopoly right to issue money. Attributing full-fledged monetary functions to the central banks digital currencies will allow them to compete more effectively with other digital assets. Focusing on reducing the sense of uncertainty by economic entities will create conditions for the growth of investment activity. Scientific novelty: for the first time, the article presents the trends in the development of the monetary system in the light of the theory of institutions as the basis of the methodology of the theory of money.Practical significance: the ideas and conclusions presented in the article can be used in the scientific and pedagogical spheres when analyzing the genesis and essence of money, as well as trends in the development of modern monetary systems.
485-505 375
Abstract
Objective: to analyze the works of representatives of the neoclassical school in economic theory, primarily the monograph “Principles of Economics” by Alfred Marshall, in order to identify the gaps (or issues) of neoclassicism that were laid into the foundation of economics at its formation.Methods: the main research method is uniting the historical and the logical when developing the theory of money as a reflection of the practice of the capitalist commodity-money relations development.Results: the article briefly traces the first links of the logical chain “commodity theory - money theory - capital theory” of the Marx’s triad as a reflection of the historical development of the commodity - money - commodity metamorphosis from the viewpoint of the transformation of classical political economy into economics. A critical analysis of its fundamental prerequisites is given; logical contradictions in its construction are shown. It is noted that neoclassicism is not able to explain the practice of modern marketing, in particular branding, and is not ready to analyze the digital economy in general as a segment of the modern economy.Scientific novelty: based on the analysis of the ceteris paribus assumption applied to the demand curve key factors, the article shows that this assumption contradicts modern practice. For the first time, the role of advertising and, more broadly, the information factor were considered, as well as the role and importance of branding, largely determining demand and the demand curve in the digital economy. It is demonstrated for the first time that cryptoeconomics as a fundamentally new direction of financial practice is not included into the scope of mainstream analysis and cannot be recognized by it, since it is based on different methodological prerequisites.Practical significance: the main provisions and conclusions of the article can be widely used in scientific and pedagogical activities, since the agenda is the creation of a new economic theory, including the theory of money, adequate to the information or digital economy at the current stage of society development. The inevitable stage of this difficult and contradictory process of changing the economic paradigm, affecting the entire system of economic relations and structurally expressed in the famous Commodity - Money - Capital triad, is the dialectical denial of the existing system of views, its theoretical overcoming.

THEORY AND HISTORY OF LAW AND STATE

506-528 284
Abstract
Objective: to monitor changes in the state of award law in the Russian Federation caused by the counteraction to the new coronavirus infection COVID-19 and to determine the prospects for its development.Methods: the methodological basis of the conducted research is the dialectical method of cognition and the methods based on it: general scientific (historical, logical, systemic) and private scientific (grouping, analysis, synthesis, comparison, interpretation, etc.).Results: based on the analysis of federal, regional, municipal and other regulatory legal acts, the author gives an exhaustive list of official awards for merits in countering the new coronavirus infection COVID-19. The lists of merits for special and universal awards to persons who participated in countering coronavirus infection are presented; some shortcomings in the legal regulation of awarding at the regional and municipal level are identified. Attention is drawn to the shortcomings in the organizational and legal foundations of awarding in some subjects of the Russian Federation, when medical workers and other persons are only posthumously awarded with universal highest regional awards for countering the new coronavirus infection COVID-19.Scientific novelty: for the first time in the Russian legal science, Russian award law was monitored due to the counteraction of the new coronavirus infection COVID-19.Practical significance: the paper proposes measures to improve the legal regulation of awarding for merits in countering the new coronavirus infection COVID-19, which can be used by law-making bodies.

ENTREPRENEURSHIP LAW

529-539 373
Abstract
Objective: to comprehensively analyze the civil-legal aspects of the legislative regulation of conflict of interests in corporate legal relations with the participation of a sole executive body of an economic entity, and to identify the promising areas for improving legislation in this area.Methods: the methodological basis of the research was the methods and techniques of formal logic, analysis, synthesis, induction, deduction, comparison; private scientific methods of legal research were also used: historical-legal, formal-legal, comparative-legal and others. Results: the paper identifies the stages of a conflict of interest development in corporate relations: a) the interests of corporate legal relations subjects may conflict with each other, but there is no possibility for the manifestation of this contradiction; b) the authorized person has the opportunity to perform any action that contradicts the interests of the corporation; c) the process of the authorized person performing an action that creates an opportunity for violating the interests of the company; d) the authorized person violates the interests of the represented legal entity, pursuing their own interests. Each stage of a conflict of interests development is characterized by its own methods of legal influence. In addition, the author comes to the conclusion that it is necessary to separate the management and control functions in business companies by creating a supervisory board as a control body and prohibiting the combination of positions in the supervisory board and in the executive body of the business company controlled by it. Therefore, it is advisable to legally stipulate the regulation on the mandatory inclusion of independent directors in the board of directors of public joint-stock companies. The amount of information on the powers of the sole executive body of an economic entity, currently provided in the Unified State Register of Legal Entities, is insufficient to ensure the necessary level of business transparency. In this regard, the article suggests one of the possible options for improving forms No. 11001 and 13014, submitted to the registration authority during the state registration of legal entities. At the same time, the paper substantiates the incorrectness of the legal definition of “interested party transaction” and suggests its replacement with the concept of “transaction with a conflict of interests”.Scientific novelty: the author has carried out a comprehensive theoretical reviewing of the status of the sole executive body of an economic entity, which made it possible to formulate proposals for improving specific legal provisions and mechanisms, as well as to identify the key scientific and applied directions for the further development of legislation on economic entities. Practical significance: the recommendations presented in the paper are aimed at solving the specific problems related to the legal regulation of conflicts of interest in corporate relations with the participation of a sole executive body of an economic entity, and can be used in scientific and rule-making activities.

CRIMINAL LAW AND CRIMINOLOGY

540-555 514
Abstract
Objective: to present the key ideas of the “corruption” criminological category.Methods: the generally accepted methodology is used as a system of primary knowledge about the methods and techniques of scientific activity focused on the subject and goals of this personalized research. It is based on dialectical and system- synergetic approaches that open up the possibilities of scientific research in the field of extremely complex, contradictory, multidimensional social relations and processes inherent in corruption as a negative socio-legal phenomenon that is in unity and interaction with a positive socio-legal phenomenon - anti-corruption.Results: the ideas of concretization of the concept of corruption are systematized, as a doctrinal and normative category, expressing the features of the parameters of its assessment as an object of political, legal and law enforcement influences. The “narrowly criminological” view on corruption is interpreted through the prism of a background phenomenon (the “background” is understood as a corruption-mental soil that produces crimes characterized by corruption).The “doctrinal” feature of corruption is highlighted - that is, institutionality, or connection with social relations that function and develop in the parameters determined by the norms and rules of behavior and people’s activity.The systematicity is considers - the internal optimizing force of the institutionality of corruption, which represents an extremely tangible destructive threat to the metasystem (“state society”), which unites the (under)systems of state and municipal management, the business system, etc., where the destructive influence of corruption is inevitable.The institutionality of corruption is considered through a managerial prism, because the system of “corruption management”intercepts and implements the functions of state and municipal management, but with its own profiteering.The provisions on the prevention of corruption are formulated, as the most promising direction and type of counteraction that determines moral-educational, legal-educational, organizational-managerial and other measures.Scientific novelty: innovative ideas of scientific (nonlinear) understanding of corruption are proposed, as a conceptual category of criminology - a general theory of the anti-criminal cycle, more precisely, a private criminological theory of corruption issues. Practical significance: the provisions and conclusions are focused on the theory and practice of corruption as a scientific basis for combating corruption, i.e. systematization and, as a result, a system of knowledge about corruption as an object of managerial (law enforcement) influence, methods of its research, as well as the development of provisions for political optimization of anti-corruption.
556-572 562
Abstract
Objective: at the beginning of the third decade of the 21st century, the overall crime rate in Japan remains the lowest compared to many economically developed countries, being low to moderate in most Japanese cities and rural settlements. To study the Japanese phenomenon of crime prevention, the author attempts a comprehensive criminological study of crime prevention in contemporary Japan.Methods: general scientific methods and cognition techniques based on the collection and processing of empirical data were used to conduct the research. The theoretical basis of the study was made up of the Russian and foreign works dealing with the issues related to crime prevention in Japan. The methodological basis of the work was: modeling, analysis, synthesis, comparison, formal-logical approach, and private scientific methods, including historical method.Results: in the course of the conducted research, the author came to the conclusion that, with stable traditions and historical experience, the Japanese authorities try to use all the available resources and innovative technologies to achieve the greatest possible efficiency in ensuring law and order in the society and to reduce crime by switching from a crisis model to a socially oriented preventive activity of law enforcement agencies.Scientific novelty: it is expressed in a modern comprehensive analysis of the development and implementation of a system of measures for crime prevention in Japan. The conducted research made it possible to compare and understand the content of not only various procedures in the field of combating crime, but also made it possible to compare the Japanese positive experience and the concept of the Russian criminological policy.Practical significance: the study of the positive experience of crime prevention in Japan will undoubtedly contribute to establishing interaction between the population and the law enforcement agencies involved into crime prevention in Russia. Additionally, the performed analysis is practically significant, since it may serve as the basis for studying the causes and conditions that determine crime in Russia. The study of the Japanese experience in the formation, regulation and implementation of criminological prevention will certainly provide an opportunity to use its positive results in the practice of authorities fighting against criminal manifestations in the Russian Federation.

TRANSLATED ARTICLES

573-602 308
Abstract
Objective: to reveal the gaps and contradictions in the US federal anti-corruption law, to elaborate the means of solving the contradictions and bridging the gaps.Methods: dialectical approach to cognition of social phenomena using the general scientific (analysis, synthesis, induction)and specific scientific (formal-legal, systemic, comparative-legal, sociological) research methods.Results: Political corruption in the United States has become more and more prevalent in recent years. These days it seems difficult to turn on the news without hearing accusations of a public official caught in a scandal. Despite the frequency of the corrupt acts, however, the federal government remains largely unable to hold state actors accountable. The U.S. Supreme Court has consistently overturned federal convictions of state officials charged with committing corrupt acts. The issue in these cases is not the lack of corruption or proof of the acts but rather, the lack of laws that adequately criminalize the corrupt conduct. As a result, the same corrupt actions being publicly denounced in the news are being excused in the justice system. This paper examines the Court's recent corruption cases and analyzes the rationales behind them, including Kelly v. United States, the most recent case in the federal corruption saga.Scientific novelty: the author concludes that in Kelly V. United States the Court is sending a clear message to the US Congress: amend the corruption laws to properly cover the conduct. In this regard, the author proposes an amended version of the current law that takes into account the analysis of Kelly and other federal corruption cases. It is proposed to define "honest services" in the federal law, which would provide federal prosecutors a viable statute to combat corruption.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 prevention and control of law breaches.
603-627 318
Abstract
Objective: to research the evolution of money as a social technology of account under digitization.Methods: dialectical approach to cognition of social phenomena using the general scientific and specific scientific methods of cognition.Results: Throughout the history of monetary thought, economists have predominantly emphasized the function of money as a medium of exchange along with the intrinsic properties that enhance its salability and credibility as the most liquid store of value. But the social institution of money co-evolves with technology. It is significant that the advent of digital crypto-currencies was initiated by computer scientists and has taken economists completely by surprise. As a consequence, it also forces us to rethink the basic phenomenology of money. In accordance with the views of Wieser and Schumpeter, digitization brings to the fore the immaterial function of money as a standard of value and social technology of account, which increasingly absorbs its function as a medium of exchange. The potential impact of this on economic policy is huge. The variety of different crypto coins has proven the technical feasibility of competing private currencies as proposed by Hayek. In the long term, however, there is reason to doubt the persistence of intense competition. One must fear that major digital platforms will extend their current dominance in multisided virtual market places to include digital payments and money. Central banks are increasingly anxious to preserve public sovereignty over the common unit of account and are considering issuing their own digital fiat money. After the current era of intense creative experimentation, the potentially new spontaneous order of private crypto-currencies is likely to be supplanted by central bank digital currencies (CBDCs), the design of which will depend on deliberate public choices and policies. Scientific novelty: the work discloses the provisions of the Austrian theoretical discourse on the proper phenomenology of money, contrasting Menger’s canonical explanation with the ‘heretical’ and largely forgotten views of Wieser and Schumpeter. Also, the work offers a brief look back at the early origins of money and shows that credit and related accounts became important drivers of financial development long before coins were minted. The author examines two major innovations of the current digitization of money: a) the emergence of crypto coins, and b) the probable emergence of central bank digital currencies.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 regulation of monetary-credit policy of the states.


ISSN 2782-2923 (Print)